Prayer was offered by The Honorable Ronald F. Miller, a
senator from the tenth district, and Pastor, Shuck Memorial Baptist
Church, Lewisburg, West Virginia, and West Point Baptist Church,
Asbury, West Virginia.
Pending the reading of the Journal of Friday, April 12, 2013,
On motion of Senator Cann, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented a communication from the Geological and
Economic Survey, submitting its 2011 and 2012 annual reports, in
accordance with chapter twenty-nine, article two, section six of
the code of West Virginia.
Which communication and reports were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator Green, from the Committee on Confirmations, submitted the following report, which was received:
Your Committee on Confirmations has had under considerationSenate Executive Message No. 2, dated February 18, 2013,
requesting confirmation by the Senate of the nominations mentioned
therein. The following list of names from Executive Message No. 2
is submitted:
1. For Member, Board of Medicine, Dr. Carlos Jimenez, Glen
Dale, Marshall County, for the term ending September 30, 2016.
2. For Member, Board of Medicine, Dr. R. Curtis Arnold,
Hurricane, Putnam County, for the term ending September 30, 2016.
3. For Member, Nursing Home Administrators Licensing Board,
Joseph Bucher, Elkins, Randolph County, for the term ending June
30, 2015.
4. For Member, Women's Commission, Barbara Kyle, Daniels,
Raleigh County, for the term ending June 30, 2014.
5. For Member, Women's Commission, Jean Ford, Williamstown,
Wood County, for the term ending June 30, 2013.
6. For Member, Women's Commission, Kathleen McDermott,
Wheeling, Ohio County, for the term ending June 30, 2014.
7. For Member, State Personnel Board, Randy Hansford, Ghent,
Raleigh County, for the term ending June 30, 2014.
8. For Member, Public Port Authority, Patrick Ford, Weirton,
Hancock County, for the term ending June 30, 2014.
9. For Member, Design-Build Board, Donald Gombert, Crab
Orchard, Raleigh County, for the term ending July 7, 2014.
10. For Member, Design-Build Board, John Goetz IV, Dunbar, Kanawha County, for the term ending July 7, 2013.
11. For Member, Design-Build Board, Marc Monteleone,
Charleston, Kanawha County, for the term ending July 7, 2014.
12. For Member, Design-Build Board, Roy Smith, Beckley,
Raleigh County, for the term ending July 7, 2013.
13. For Member, Design-Build Board, Rodney Clay, Charleston,
Kanawha County, for the term ending July 7, 2014.
14. For Member, Design-Build Board, Henry Wood Thrasher,
Clarksburg, Harrison County, for the term ending July 7, 2014.
15. For Member, Design-Build Board, Mary Jo Klempa, Wheeling,
Ohio County, for the term ending July 7, 2013.
16. For Member, Design-Build Board, Ronnie Spradling, St.
Albans, Kanawha County, for the term ending July 7, 2013.
17. For Member, Board of Coal Mine Health and Safety, Terry
Hudson, Flat Top, Mercer County, for the term ending June 30, 2015.
18. For Member, Parole Board, Peggy Pope, Charleston, Kanawha
County, for the term ending June 30, 2018.
19. For Member, Parole Board, Benita Murphy, Logan, Logan
County, for the term ending June 30, 2018.
20. For Member, Board of Control for Southern Regional
Education, Paul Hill, for the term ending June 30, 2016.
21. For Member, West Virginia University Board of Governors,
Ray Lane, Atherton, California, for the term ending June 30, 2016.
22. For Member, West Virginia University Board of Governors,
The Honorable James Robert Rogers, Ponte Vedra Beach, Florida, for
the term ending June 30, 2016.
23. For Member, West Virginia University Board of Governors,
Charles Vest, Washington, D. C., for the term ending June 30, 2016.
24. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Curtis Durst, Fisher, Hardy County, for
the term ending June 30, 2016.
25. For Member, Eastern West Virginia Community and Technical
College Board of Governors, Richard Gillespie, Franklin, Pendleton
County, for the term ending June 30, 2016.
26. For Member, Broadband Deployment Council, Dana Waldo,
Charleston, Kanawha County, to serve at the will and pleasure of
the Governor.
27. For Member, Shepherd University Board of Governors, Dr.
John Younis, Shepherdstown, Jefferson County, for the term ending
June 30, 2016.
28. For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Cheryl Schreiber, Weirton, Brooke County, for
the term ending June 30, 2016.
29. For Member, West Virginia School of Osteopathic Medicine
Board of Governors, Dr. Charles Davis, Stow, Ohio, for the term
ending June 30, 2016.
30. For Member, Fairmont University Board of Governors, Dr.
Chris Courtney, Bridgeport, Harrison County, for the term ending
June 30, 2016.
31. For Member, Fairmont University Board of Governors, Ron
Tucker, Fairmont, Marion County, for the term ending June 30, 2016.
32. For Member, Fairmont University Board of Governors, Mark Pallotta, Fairmont, Marion County, for the term ending June 30,
2016.
33. For Member, Southern West Virginia Community and
Technical College Board of Governors, Thomas Heywood, Charleston,
Kanawha County, for the term ending June 30, 2016.
34. For Member, Southern West Virginia Community and
Technical College Board of Governors, Jada Hunter, Williamson,
Mingo County, for the term ending June 30, 2016.
35. For Member, Southern West Virginia Community and
Technical College Board of Governors, Terry Sammons, Gilbert, Mingo
County, for the term ending June 30, 2015.
36. For Member, West Liberty University Board of Governors,
Richard Carter, Wheeling, Ohio County, for the term ending June 30,
2016.
37. For Member, West Liberty University Board of Governors,
Patrick Kelly, Charleston, Kanawha County, for the term ending June
30, 2016.
38. For Member, Broadband Deployment Council, James Nestor,
Charleston, Kanawha County, to serve at the will and pleasure of
the Governor.
39. For Member, Broadband Deployment Council, Jim Martin,
Bridgeport, Harrison County, to serve at the will and pleasure of
the Governor.
40. For Member, Council for Community and Technical College
Education, Steve Roberts, Follansbee, Brooke County, for the term
ending December 20, 2015.
41. For Member, Veterans' Council, Hershel Woodrow Williams,
Ona, Cabell County, for the term ending June 30, 2018.
42. For Member, Housing Development Fund, J. D. Stricklen,
Blue Creek, Kanawha County, for the term ending October 30, 2015.
43. For Member, Board of Landscape Architects, Jason Testman,
Charleston, Kanawha County, for the term ending June 30, 2014.
44. For Member, Board of Landscape Architects, John Rudmann,
Morgantown, Monongalia County, for the term ending June 30, 2013.
45. For Member, Board of Landscape Architects, Michael
Biafore, Morgantown, Monongalia County, for the term ending June
30, 2015.
46. For Member, Bridgemont Community and Technical College
Board of Governors, Sarah Smith, Charleston, Kanawha County, for
the term ending June 30, 2016.
47. For Member, Bridgemont Community and Technical College
Board of Governors, Karen Price, Charleston, Kanawha County, for
the term ending June 30, 2016.
48. For Member, Bridgemont Community and Technical College
Board of Governors, Tom Dover, Charleston, Kanawha County, for the
term ending June 30, 2016.
49. For Member, Glenville State College Board of Governors,
Ralph Holder, Belpre, Ohio, for the term ending June 30, 2016.
50. For Member, Glenville State College Board of Governors,
Stephen Gandee, Jane Lew, Lewis County, for the term ending June
30, 2016.
51. For Member, Kanawha Valley Community and Technical College Board of Governors, Bradley Shafer, Clendenin, Kanawha
County, for the term ending June 30, 2016.
52. For Member, Kanawha Valley Community and Technical
College Board of Governors, Gregory Barker, Leon, Mason County, for
the term ending June 30, 2016.
53. For Member, Kanawha Valley Community and Technical
College Board of Governors, Mark Dempsey, Charleston, Kanawha
County, for the term ending June 30, 2016.
54. For Member, Kanawha Valley Community and Technical
College Board of Governors, Jan Vineyard, for the term ending June
30, 2016.
55. For Member, Kanawha Valley Community and Technical
College Board of Governors, Robert Manley, Charleston, Kanawha
County, for the term ending June 30, 2014.
57. For Member, Veterans' Council, Randall Bare, Sandyville,
Jackson County, for the term ending June 30, 2018.
58. For Member, Broadband Deployment Council, Jeffrey Wise,
Follansbee, Brooke County, to serve at the will and pleasure of the
Governor.
59. For Member, Statewide Independent Living Council, Marian
Steele, Summersville, Nicholas County, for the term ending June 30,
2015.
60. For Member, Statewide Independent Living Council, Sarah
Mathis, Grassy Meadows, Greenbrier County, for the term ending June
30, 2015.
61. For Member, Statewide Independent Living Council, Darla Ervin, Morgantown, Monongalia County, for the term ending June 30,
2015.
62. For Member, Statewide Independent Living Council, Joyce
Floyd, Elkins, Randolph County, for the term ending June 30, 2015.
63. For Member, Statewide Independent Living Council, Cathy
Hutchinson, Huntington, Cabell County, for the term ending June 30,
2015.
64. For Member, Statewide Independent Living Council, Sandy
Haberbosch, Shinnston, Harrison County, for the term ending June
30, 2015.
65. For Member, Statewide Independent Living Council, Sarah
Rogers, Charleston, Kanawha County, for the term ending June 30,
2015.
66. For Member, Statewide Independent Living Council, Jan
Derry, Morgantown, Monongalia County, for the term ending June 30,
2015.
67. For Member, Statewide Independent Living Council, Scott
Gossard, Petersburg, Grant County, for the term ending June 30,
2015.
68. For Member, Coal Resource Transportation Designation
Committee, Richard Ryan, Sod, Lincoln County, for the term ending
June 30, 2014.
69. For Member, Board of Chiropractic, Dr. Jeffrey Summers,
Charleston, Kanawha County, for the term ending June 30, 2015.
70. For Member, Family Protection Services Board, Judy King
Smith, Morgantown, Monongalia County, for the term ending June 30, 2014.
71. For Member, Public Port Authority, J. Eric Peters,
Sistersville, Tyler County, for the term ending June 30, 2013.
72. For Member, Public Port Authority, Newton Thomas, Jr.,
Charleston, Kanawha County, for the term ending June 30, 2015.
73. For Member, Public Port Authority, David Efaw, Blount,
Kanawha County, for the term ending June 30, 2015.
74. For Member, Public Port Authority, The Honorable Charles
Lanham, Point Pleasant, Mason County, for the term ending June 30,
2014.
75. For Member, Public Port Authority, Jim Llaneza,
Clarksburg, Harrison County, for the term ending June 30, 2015.
76. For Member, Public Port Authority, Stratius Fotos,
Huntington, Cabell County, for the term ending June 30, 2015.
77. For Member, Public Port Authority, Gerald Sites,
Petersburg, Grant County, for the term ending June 30, 2014.
78. For Member, Board of Miner Training, Education and
Certification, Terry Osborne, Morgantown, Monongalia County, for
the term ending June 30, 2015.
79. For Member, Bluefield State College Board of Governors,
Garry Moore, Sr., Bluefield, Mercer County, for the term ending
June 30, 2014.
80. For Member, Bluefield State College Board of Governors,
Lois Ann Manns, Beckley, Raleigh County, for the term ending June
30, 2014.
81. For Member, Bluefield State College Board of Governors, Anne Lantry, Princeton, Mercer County, for the term ending June 30,
2016.
82. For Member, Family Protection Services Board, Patricia
Bailey, Beaver, Raleigh County, for the term ending June 30, 2015.
83. For Member, West Virginia Board of Education, The
Honorable Thomas W. Campbell, Lewisburg, Greenbrier County, for the
term ending November 4, 2021.
84. For Member, Veterans' Council, Harrison Gilliam,
Huntington, Cabell County, for the term ending June 30, 2015.
85. For Member, West Virginia State University Board of
Governors, Larry Salyers, Charleston, Kanawha County, for the term
ending June 30, 2016.
86. For Member, West Virginia State University Board of
Governors, Paul Konstanty, Hurricane, Putnam County, for the term
ending June 30, 2013.
87. For Member, West Virginia State University Board of
Governors, John Thralls, Hurricane, Putnam County, for the term
ending June 30, 2016.
88. For Member, Board of Optometry, Dr. James Campbell, New
Martinsville, Wetzel County, for the term ending June 30, 2015.
89. For Member, Board of Optometry, Lori Gemondo, Bridgeport,
Harrison County, for the term ending June 30, 2015.
90. For Member, Board of Optometry, Dr. Mason White II,
Logan, Logan County, for the term ending June 30, 2015.
91. For Director, Office of Miners' Health, Safety and
Training, Ernest Eugene White, Dorothy, Raleigh County, to serve at the will and pleasure of the Governor.
92. For Secretary, Department of Administration, Roscoe
Taylor, Ripley, Jackson County, to serve at the will and pleasure
of the Governor.
93. For Member, Board of Funeral Service Examiners, John
Fahey, Wheeling, Ohio County, for the term ending June 30, 2015.
94. For Member, Housing Development Fund, R. Fred Clark,
Logan, Logan County, for the term ending October 16, 2016.
95. For Member, Jobs Investment Trust Board, Tim Millne,
Huntington, Cabell County, for the term ending June 30, 2016.
96. For Member, Property Valuation and Training Procedures
Commission, Jason Nettles, Grantsville, Calhoun County, for the
term ending June 30, 2014.
97. For Member, Property Valuation and Training Procedures
Commission, Harvey Young, Fayetteville, Fayette County, for the
term ending June 30, 2016.
98. For Member, Investment Management Board of Trustees, Judy
Hale, Winfield, Putnam County, for the term ending January 31,
2013.
99. For Member, Jobs Investment Trust Board, William Goode,
Hurricane, Putnam County, for the term ending June 30, 2016.
100. For Member, Property Valuation and Training Procedures
Commission, Janice LaRue, Keyser, Mineral County, for the term
ending June 30, 2016.
101. For Member, Property Valuation and Training Procedures
Commission, Mickey Brown, Madison, Boone County, for the term ending June 30, 2014.
102. For Member, Fire Commission, John Holstein, Madison,
Boone County, for the term ending June 30, 2017.
103. For Member, Board of Chiropractic, Dr. Holly Harvey,
Union, Monroe County, for the term ending June 30, 2016.
104. For Member, Board of Chiropractic, H. Jarrett Walker,
Charleston, Kanawha County, for the term ending June 30, 2015.
105. For Member, Board of Medicine, Dr. Kishore Challa,
Charleston, Kanawha County, for the term ending September 30, 2017.
106. For Member, Real Estate Commission, Densil Nibert,
Shenandoah Junction, Jefferson County, for the term ending June 30,
2016.
107. For Member, Board of Osteopathic Medicine, Dr. Arthur
Rubin, Charleston, Kanawha County, for the term ending June 30,
2017.
108. For Member, Board of Osteopathic Medicine, Dr. Michael
Muscari, Pineville, Wyoming County, for the term ending June 30,
2017.
109. For Member, Livestock Care Standards Board, Phillip
Gregg, Masontown, Preston County, for the term ending June 30,
2018.
110. For Member, Livestock Care Standards Board, Norma Davis,
Pennsboro, Ritchie County, for the term ending June 30, 2017.
111. For Member, Livestock Care Standards Board, Dale Walker,
Fort Seybert, Pendleton County, for the term ending June 30, 2016.
112. For Member, Livestock Care Standards Board, Richard Woodworth, Burlington, Mineral County, for the term ending June 30,
2018.
113. For Member, Livestock Care Standards Board, Steve Conrad,
Brandywine, Pendleton County, for the term ending June 30, 2017.
114. For Member, Livestock Care Standards Board, Noah Perry,
Buffalo, Putnam County, for the term ending June 30, 2018.
115. For Member, Livestock Care Standards Board, Todd Butler,
Inwood, Berkeley County, for the term ending June 30, 2015.
116. For Member, State Board of Education, Tina Combs, Bunker
Hill, Berkeley County, for the term ending November 4, 2016.
117. For Chief Administrative Law Judge, Office of Tax
Appeals, A. M. Pollack, Elkview, Kanawha County, for the term
ending June 30, 2016.
118. For Member, Livestock Care Standards Board, Dr. John
Wilson, Lewisburg, Greenbrier County, for the term ending June 30,
2015.
119. For Member, Racing Commission, Bill Phillips, Jr.,
Elkins, Randolph County, for the term ending April 1, 2016.
121. For Member, Election Commission, Taylor Downs,
Morgantown, Monongalia County, for the term ending June 4, 2017.
122. For Member, Lottery Commission, David McCormick, Jr.,
Morgantown, Monongalia County, for the term ending June 30, 2017.
123. For Member, Education Broadcasting Authority, Corley
Dennison III, Ona, Cabell County, for the term ending June 30,
2018.Senate Executive Message No. 4, dated April 4, 2013, requesting confirmation by the Senate of the nominations mentioned
therein. The following list of names from Executive Message No. 4
is submitted.
1. For Member, Livestock Care Standards Board, Ben
Tuckwiller, Lewisburg, Greenbrier County, for the term ending June
30, 2016.
2. For Member, Natural Resources Commission, Jeffrey Bowers,
Franklin, Pendleton County, for the term ending June 30, 2019.
3. For Member, Board of Osteopathic Medicine, Elizabeth
Blatt, Princeton, Mercer County, for the term ending June 30, 2013.
4. For Member, Board of Osteopathic Medicine, Robert
Whitler, Elkview, Kanawha County, for the term ending June 30,
2017.
5. For Member, Board of Osteopathic Medicine, Heather Jones,
Chapmanville, Logan County, for the term ending June 30, 2018.
6. For Member, Educational Broadcasting Authority, Mark
Polen, Charleston, Kanawha County, for the term ending June 30,
2019.
7. For Member, Hospital Finance Board, Jack Roop, Crab
Orchard, Raleigh County, for the term ending January 9, 2018.
8. For Member, Hospital Finance Board, David Williams,
Hurricane, Putnam County, for the term ending January 9, 2015.
9. For Member, Election Commission, Vince Cardi, Morgantown,
Monongalia County, for the term ending June 4, 2017.
10. For Member, Workers' Compensation Board of Review, James
Gray, Bridgeport, Harrison County, for the term ending December 31, 2018.
11. For Member, Hospital Finance Authority, James Christie,
Bridgeport, Harrison County, for the term ending January 9, 2014.
12. For Member, Livestock Care Standards Board, Dan Robison,
Morgantown, Monongalia County, for the term ending June 30, 2016.
13. For Member, Hospital Finance Authority, Jack Hartley,
Charleston, Kanawha County, for the term ending January 9, 2019.
14. For Member, Hospital Finance Authority, Geraldine
Roberts, Elkins, Randolph County, for the term ending January 9,
2017.
15. For Member, Health Care Authority, Sonia Chambers,
Huntington, Cabell County, for the term ending March 12, 2019.
16. For Member, School Building Authority, Steve Burton,
Prichard, Wayne County, for the term ending July 31, 2015.
17. For Member, Investment Management Board of Trustees, G.
Kurt Dettinger, Charleston, Kanawha County, for the term ending
January 31, 2019.
18. For Member, West Virginia University-Parkersburg Board of
Governors, James Six, Parkersburg, Wood County, for the term ending
June 30, 2016.
19. For Member, West Virginia University-Parkersburg Board of
Governors, Jeffrey Matheny, Mineral Wells, Wood County, for the
term ending June 30, 2016.
20. For Member, Athletic Commission, James Frio, Wheeling,
Ohio County, for the term ending June 30, 2014.
21. For Member, Athletic Commission, Steve Allred, Julian, Boone County, for the term ending June 30, 2015.
22. For Member, Regional Jail and Correctional Facility
Authority, Tim McCormick, Wheeling, Ohio County, for the term
ending June 30, 2013.
And,
A letter from the Regional Jail and Correctional Facility
Authority, dated August 21, 2012, requesting confirmation by the
Senate of the nomination mentioned therein. The following name is
submitted:
1. For Executive Director, Regional Jail and Correctional
Facility Authority, Joseph DeLong, Charleston, Kanawha County, for
a term of five years commencing on August 16, 2012.
And reports the same back with the recommendation that the
Senate do advise and consent to all of the nominations listed
above.
Respectfully submitted,
Mike Green,Chair.

__________

The time having arrived for the special order of business to
consider the list of nominees for public office submitted by His
Excellency, the Governor, and a nomination submitted by the
Regional Jail and Correctional Facility Authority, the special
order thereon was called by the President.
Thereupon, Senator Kessler (Mr. President) laid before the
Senate the following executive messages and a letter from the Regional Jail and Correctional Facility Authority:Senate Executive Message No. 2, dated February 18, 2013 (shown
in the Senate Journal of that day, pages 2 through 13, inclusive).Senate Executive Message No. 4, dated April 4, 2013 (shown in
the Senate Journal of that day, pages 31 through 33, inclusive).
And,
A letter from the Regional Jail and Correctional Facility
Authority, dated August 21, 2012 (shown in the Senate Journal of
February 13, 2013, pages 5 and 6).
Senator Green then moved that the Senate advise and consent to
all of the executive nominations referred to in the foregoing
report from the Committee on Confirmations and that the nomination
of Joseph DeLong, as Executive Director, Regional Jail and
Correctional Facility Authority, be confirmed.
The question being on the adoption of Senator Green's
aforestated motion,
The roll was then taken; and
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt,
Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--33.
The nays were: Prezioso--1.
Absent: None.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared Senator Green's
motion had prevailed.
Senator Green moved that the Senate advise and consent to the
nomination of Greg Allen to the Concord University Board of
Governors (being nomination number 56 in Executive Message No. 2).
The roll was then taken; and
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared Senator Green's
motion had prevailed and the nomination of Greg Allen to the
Concord University Board of Governors had been confirmed.

__________

Consideration of the special order of business having been
concluded,
The Senate proceeded to the fifth order of business.

Filed Conference Committee Reports

The Clerk announced the following conference committee report
had been filed at 11:35 a.m. today:Eng. Senate Bill No. 108, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage ofEng. Senate Bill No. 65, Exempting PERS retirement income of
DNR police officers from state income tax.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1,
2013, ofEng. Com. Sub. for Senate Bill No. 195, Removing tax rate
expiration date on eligible acute care hospitals.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, ofEng. Com. Sub. for Senate Bill No. 281, Authorizing Department
of Transportation promulgate legislative rules.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage ofEng. Senate Bill No. 331, Permitting Courthouse Facilities
Improvement Authority to issue bonds.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage ofEng. Com. Sub. for Com. Sub. for Senate Bill No. 437,
Regulating commercial dog-breeding operations.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage ofEng. Com. Sub. for Senate Bill No. 477, Relating to electronic
registration of voters.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage ofEng. Com. Sub. for Senate Bill No. 481, Relating to juvenile
mental health treatment.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage ofEng. Com. Sub. for Senate Bill No. 604, Expanding definition
of "electioneering communication".
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2013, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Senate Bill No. 623, Relating to funding for probation
officers to address truancy.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §18-5B-11 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:ARTICLE 5B. SCHOOL INNOVATION ZONES ACT.§18-5B-11. Local Solution Dropout Prevention and Recovery
Innovation Zone Act.
(a) Legislative findings, intent and purpose. --
The Legislature finds that:
(1) High school graduation is an essential milestone for all
West Virginia students and impacts the future success of the
individual, community and state;
(2) There are significant correlations between educational
attainment and labor market outcomes, greater labor force
participation rate, increased employment rates, improved health and
decreased levels of poverty and crime. The negative impact on
these linkages is most evident in the absence of high school
completion;
(3) Dropping out of school is a process, not an event, with
factors building and compounding over time;
(4) Students at risk of not completing high school can be
identified as early as sixth grade using the indicators of
attendance, behavior and course failures. Therefore, a
comprehensive graduation plan must include a comprehensive systemic
approach that emphasizes early interventions;
(5) Research identifies a number of effective strategies for
engaging students that have the most positive impact on improving
high school graduation rates. Some of these strategies are
school-community collaboration, safe learning environments, family
engagement, early literacy development, mentoring and tutoring services, service learning opportunities, alternative and
nontraditional schooling, offering multiple pathways and settings
for attaining high school diplomas, after-school opportunities,
individualized instruction and career and technical education;
(6) Schools cannot solve the dropout problem alone. Research
shows when educators, parents, elected officials, business leaders,
faith-based leaders, human service personnel, judicial personnel
and civic leaders collectively work together they are often able to
find innovative solutions to address school and community problems;
and
(7) Increasing high school graduation rates is an important
factor in preparing a college and career-ready citizenry. Higher
education institutions, including community and technical colleges,
are essential partners in creating local and statewide solutions.
(b) Therefore, the intent of the Legislature is to provide a
separate category of innovation zones designated Local Solution
Dropout Prevention and Recovery Innovation Zones intended to
achieve the following purposes:
(1) Provide for the establishment of Local Solution Dropout
Prevention and Recovery Innovation Zones to increase graduation
rates and reduce the number of dropouts from West Virginia schools;
(2) Provide schools and communities with opportunities for
greater collaboration to plan and implement systemic approaches
that include evidence-based solutions for increasing graduation
rates and reducing the number of dropouts;
(3) Provide a testing ground for innovative graduation programs, incentives and approaches to reducing the number of
dropouts;
(4) Provide information regarding the effects of specific
innovations, collaborations and policies on graduation rates and
dropout prevention and recovery; and
(5) Document educational strategies that increase graduation
rates, prevent dropouts and enhance student success.
(c) Local Solution Dropout Prevention and Recovery Innovation
Zones. --
A school, a group of schools or a school district may be
designated as a Local Solution Dropout Prevention and Recovery
Innovation Zone in accordance with the provisions of this article,
subject to the provisions of this section. The state board shall
propose rules for legislative promulgation, including an emergency
rule if necessary, in accordance with article three-b chapter
twenty-nine of this code to implement the provisions of this
section. All provisions of this article apply to Local Solution
Dropout Prevention and Recovery Innovation Zones, including, but
not limited to, the designation, application, approval, waiver of
statutes, policies, rule and interpretations, employee approval,
employee transfers, progress reviews, reports and revocations and
job postings, subject to the following:
(1) For purposes of this section, a "school, a group of
schools or a school district" means a high school, a group of
schools comprised of a high school and any of the elementary and
middle schools whose students will attend the high school, or a school district whose graduation rate in the year in which an
application is made is less than ninety percent based on the latest
available school year data published by the Department of
Education;
(2) The contents of the application for designation as a Local
Solution Dropout Prevention and Recovery Innovation Zone must
include a description of the dropout prevention and recovery
strategies and that the school, group of schools or school district
plans to implement if designated as a Local Solution Dropout
Prevention and Recovery Innovation Zone, and any other information
the state board requires. The application also shall include a
list of all county and state board rules, policies and
interpretations, and all statutes, if any, identified as
prohibiting or constraining the implementation of the plan,
including an explanation of the specific exceptions to the rules,
policies and interpretations and statutes required for plan
implementation. A school, a group of schools, or school district
may not request an exception nor may an exception be granted from
any of the following:
(i) An assessment program administered by the West Virginia
Department of Education;
(ii) Any provision of law or policy required by the No Child
Left Behind Act of 2001, Public Law No. 107-110 or other federal
law; and
(iii) Section seven, article two and sections seven-a, seven-
b, eight and eight-b, article four, chapter eighteen-a of this code, except as provided in section eight of this article;
(3) The factors to be considered by the state board when
evaluating an application shall include, but are not limited to,
the following:
(A) Evidence that other individuals or entities and community
organizations are involved as partners to collectively work with
the applicant to achieve the purposes as outlined in the dropout
prevention and recovery plan. These individuals or entities and
community organizations may include, but are not limited to,
individuals or entities and community organizations such as
parents, local elected officials, business leaders, faith-based
leaders, human service personnel, judicial personnel, civic leaders
community and technical colleges Higher education institutions;
(B) The level of commitment and support of staff, parents,
students, the county board of education, the local school
improvement council and the school's business partners as
determined in accordance with this article apply to become a Local
Solutions Dropout Prevention and Recovery Innovation Zone;
(C) The potential for an applicant to be successful in
building community awareness of the high school dropout problem and
developing and implementing its dropout prevention and recovery
plan; and
(D) Implementation of the statewide system of easily
identifiable early warning indicators of students at risk of not
completing high school developed by the state board in accordance
with section six, article eight of this chapter, known as The High School Graduation Improvement Act, along with a plan of
interventions to increase the number of students earning a high
school diploma;
(4) The rule shall provide standards for the state board to
review applications for designation as a Local Solutions Dropout
Prevention and Recovery Innovation Zones;
(5) The application for designation as a Local Solutions
Dropout Prevention and Recovery Innovation Zone under this section
is subject to approval in accordance with sections five and six of
this article. In addition to those approval stages, the
application, if approved by the school employees, shall be
presented to the local school improvement council for approval
prior to submission to county superintendent and board. Approval
by the local school improvement council is obtain when at least
eighty percent of the local school improvement council members
present and voting after a quorum is established vote in favor of
the application; and
(6) Upon approval by the state board and state superintendent
of the application, all exceptions to county and state board rules,
policies and interpretations listed within the plan are granted.
The applicant school, group of schools or school district shall
proceed to implement the plan as set forth in the approved
application and no further plan submissions or approval are
required, except that if an innovation zone plan, or a part
thereof, may not be implemented unless an exception to a statute is
granted by Act of the Legislature, the state board and state superintendent may approve the plan, or the part thereof, only upon
the condition that the Legislature acts to grant the exception as
provided in this article.__(d) A county board that enters into a truancy program
agreement with the circuit court of the county that: (1) Provides
for the referral of truant juveniles for supervision by the court's
probation office pursuant to section eleven, article five, chapter
forty-nine of this code; and (2) requires the county board to pay
the costs of the probation officer or officers assigned to
supervise truant juveniles, may apply to the state board for a
dropout prevention and recovery innovation zone grant for
reimbursement of one half of the costs of the probation officer or
officers. This application is not subject to any of the
requirements for other applications under this section. The state
board shall coordinate the application deadlines and grant
approvals under this section to ensure funding for this purpose.
If the funds available are insufficient to award all eligible grant
applications at the full amount, the award amounts shall be reduced
pro rata.
__(d)(e)Local Solutions Dropout Prevention and Recovery Fund.
--
There is hereby created in the State Treasury a special
revenue fund to be known as the Local Solutions Dropout Prevention
and Recovery Fund. The fund shall consist of all moneys received
from whatever source to further the purpose of this article. The
fund shall be administered by the state board solely for the purposes of this section. Any moneys remaining in the fund at the
close of a fiscal year shall be carried forward for use in the next
fiscal year. Fund balances shall be invested with the state's
consolidated investment fund and any and all interest earnings on
these investments shall be used solely for the purposes that moneys
deposited in the fund may be used pursuant to this section.;And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 623--A Bill to amend and reenact
§18-5B-11 of the Code of West Virginia, 1931, as amended, relating
to dropout prevention and recovery innovation zone grants for
truancy probation; providing eligibility and purpose of grant;
exempting applications from other requirements of section;
providing for coordination of deadlines and approvals; and
requiring prorata reduction of awards if funds insufficient.
On motion of Senator Unger, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 623) and
requested the House of Delegates to recede therefrom. Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption ofCom. Sub. for Senate Concurrent Resolution No. 10, Requesting
DOH name bridge in Lincoln County "Shelton Topping Bridge".
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption ofCom. Sub. for Senate Concurrent Resolution No. 15, Requesting
DOH name Logan County Route 5/12 "Army Private First Class Troy
Franklin Tomblin Memorial Highway".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption ofCom. Sub. for Senate Concurrent Resolution No. 20, Requesting
DOH name portion of State Route 80 in McDowell County "Army PFC
Phill G. McDonald Memorial Highway".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption ofCom. Sub. for Senate Concurrent Resolution No. 29, Requesting
DOH name bridge number 20-64-54.37 "Army Cpl. Kenneth R. Hess
Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption ofSenate Concurrent Resolution No. 30, Requesting DOH name
bridge in Wyoming County "Army SP4 Jackie (Hearn) McMillion
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption ofSenate Concurrent Resolution No. 32, Requesting DOH name
bridge in Monongalia County "U. S. Army and Air National Guard Col.
Garry L. Bowers-Ices Ferry Bridge" .
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage ofEng. Com. Sub. for House Bill No. 2014--A Bill making
appropriations of public money out of the Treasury in accordance
with section fifty-one, article VI of the Constitution.
At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman,
Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
The bill (Eng. Com. Sub. for H. B. No. 2014) was then read a
second time.
On motion of Senator Prezioso, the following amendment to the
bill was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the provisions of Engrossed Committee
Substitute for Senate Bill No. 143.
The bill, as amended, was then ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2014) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2014) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Cann,
Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2014) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, ofEng. Com. Sub. for House Bill No. 2453, Expanding the Amber
Alert Plan; "SKYLAR'S LAW.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, ofEng. Com. Sub. for House Bill No. 2497, Requiring applicants
for real estate licensure to undergo criminal history record
checks.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
from passage, ofEng. House Bill No. 2542, Relating to publication of the State
Register.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, ofEng. Com. Sub. for House Bill No. 2554, Providing a procedure
for the Secretary of State to reinstate certificates of authority
for foreign corporations.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
from passage, ofEng. House Bill No. 2586, Relating to qualifications for a
license to practice embalming.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
from passage, ofEng. Com. Sub. for House Bill No. 2603, Relating to the Family
Protection Services Board.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, ofEng. Com. Sub. for House Bill No. 2913, Specifying procedures
for adjusting payments to correct for an erroneous distribution of
moneys dedicated, distributed or directed to a state or local
governmental subdivision.
A message from The Clerk of the House of Delegates announced
concurrence with the Senate in making effective July 1, 2013, of Eng. House Bill No. 2968, Authorizing the use of an additional
medium for use in archiving the records.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, ofEng. Com. Sub. for House Bill No. 2979, Relating to broadband deployment projects.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendments, and
requested the appointment of a committee of conference of three
from each house on the disagreeing votes of the two houses, as toEng. Com. Sub. for Senate Bill No. 265, Authorizing DHHR
promulgate legislative rules.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Poore, Fleischauer and Sobonya.
On motion of Senator Unger, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Jenkins, Cookman and Cole.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendments, and
requested the appointment of a committee of conference of three
from each house on the disagreeing votes of the two houses, as toEng. Com. Sub. for Senate Bill No. 386, Relating to personal
safety orders.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Fleischauer, Manchin and Shott.
On motion of Senator Unger, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Miller, Cookman and Nohe.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Unger, unanimous consent being
granted, Senator Unger addressed the Senate regarding today's
anticipated procedure.
At the request of Senator Unger, and by unanimous consent, the
Senate proceeded to the eighth order of business. Eng. Com. Sub. for Senate Bill No. 143, Budget Bill.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Unger, the bill was recommitted to the
Committee on Finance. Eng. House Bill No. 2158, Relating to the provision of
financially-related services by banks and bank holding companies.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2158) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 2265, Relating to the school
access safety act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2265) passed.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the title of the bill was withdrawn.
On motion of Senator Stollings, the following amendment to the
title of the bill was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2265--A Bill to amend and
reenact §18-9F-9 of the Code of West Virginia, 1931, as amended,
relating to requiring protocols for injuries and other medical
emergencies on school property after normal school hours be
included in school crisis response plans by certain date; including
certain provisions for protocols on sports injuries; limiting
liability for health care professionals who provide medical
services with no remuneration; and removing outdated provisions
related to rule promulgation.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2352, Clarifying that the
West Virginia Department of Environmental Protection does not
assume a mine operator's obligations or liabilities under the Water
Pollution Control Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2352) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2352--A Bill to amend and
reenact §22-3-11 of the Code of West Virginia, 1931, as amended,
relating generally to bonding and special reclamation tax for coal
mining permits; and providing tax incentives for mine operators who
reclaim bond forfeiture sites.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2360, Relating to public
school support computation of local share.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2360) passed.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the title of the bill was withdrawn.
On motions of Senators Plymale and Sypolt the following
amendment to the title of the bill was reported by the Clerk and
adopted:Eng. Com. Sub. for House Bill No. 2360--A Bill to amend and
reenact §11-1C-5b of the Code of West Virginia, 1931, as amended;
and to amend and reenact §18-9A-11 of said code, all relating to
calculating local share for the purpose of public school support;
clarifying effective date; modifying annual deadline for the Tax
Commissioner to calculate the total assessed values for the purpose
of calculating local share for each county and report the total
assessed values to the State Board of Education; requiring actual
assessed values to be used for the purposes of calculating local
share for the first tax year a county's assessments are below the
required level; requiring the Property Valuation Training and
Procedures Commission to notify the county assessor that
assessments are below the required level; requiring the use of
assumed assessed values for the second consecutive year and
consecutive years thereafter that assessments are below the
required level; and requiring the use of projections or estimations
for required preliminary computations of local share.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2360) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 2434, Relating to compensation in the
magistrate court system.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2434) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:Eng. House Bill No. 2434--A Bill to amend and reenact §50-1-3,
§50-1-8, §50-1-9 and §50-1-9a of the Code of West Virginia, 1931,
as amended, all relating to adjusting the population line upon
which salaries for magistrates and certain magistrate employees are
calculated; adjusting certain salaries; providing an effective
date; and providing that the amendments are retroactive to January
1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 2469, Increasing the cap on earnings
during temporary reemployment after retirement.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2469) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2470, Relating to sign
support specialist or an educational sign language interpreter in
the education of exceptional children.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2470) passed with its title.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2470) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 2490, Providing for the
appointment of veterans advocates at state institutions of higher
education.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2490) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2491, Establishing a uniform
policy for students enrolled in institutions of higher education
who are called up for duty in the military.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2491) passed.
At the request of Senator Wells, as chair of the Committee on
Military, and by unanimous consent, the unreported Military
committee amendment to the title of the bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2491--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18B-4-10, relating to providing for uniform
course completion for certain higher education students performing
certain military service; requiring the Higher Education Policy Commission and the West Virginia Council for Community and
Technical College Education to promulgate a joint rule; setting
forth elements the rule is to address; and providing a definition
for the term "called to military duty".Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2498, Making it a crime for
a person sitting on a grand jury to disclose the identity of an
individual who will be indicted.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On this question, the yeas were: Edgell, Fitzsimmons, Laird,
Palumbo, Prezioso, Snyder, Unger, Wells and Kessler (Mr.
President)--9.
The nays were: Barnes, Beach, Blair, Boley, Cann, Carmichael,
Chafin, Cole, Cookman, Facemire, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, McCabe, Miller, Nohe, Plymale, Stollings, Sypolt,
Tucker, Walters, Williams and Yost--25.
Absent: None.
So, a majority of all the members present and voting not
having voted in the affirmative, the President declared the bill
(Eng. Com. Sub. for H. B. No. 2498) rejected.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 2513, Improving enforcement
of drugged driving offenses.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2513) passed.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2513--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto two new
sections, designated §17C-1-67 and §17C-1-68; to amend and reenact
§17C-5-4, §17C-5-6, §17C-5-7, §17C-5-8 and §17C-5-9 of said code;
and to amend said code by adding thereto a new section, designated
§17C-5-12, all relating to the enforcement of laws prohibiting the
operation of a motor vehicle, motorboat, jet ski or other motorized vessel while under the influence of alcohol, controlled substance
or drugs generally; defining "drug" and "controlled substance";
correcting reference to period of license suspension for failure to
submit to certain tests to provide consistency with other
provisions of law; authorizing law-enforcement agencies to
designate more than one secondary chemical test to be administered;
maintaining the exception to a license revocation for the refusal
to submit to a blood test; requiring training of law-enforcement
officers; including controlled substances and drugs in blood test
administration procedures; providing the drugs or classes of drug
to be included in a chemical analysis; requiring the Bureau for
Public Health to prescribe minimum levels of substance or drugs in
order to be admissible; authorizing emergency rules; requiring the
Bureau for Public Health to review current methods and standards;
requiring a blood specimen to test for controlled substances or
drugs to be taken within four hours of arrest; prohibiting testing
results to be used as evidence in a criminal prosecution for the
possession of a controlled substance; providing that refusal to
provide a blood sample may be admissible in a criminal prosecution
for operation of a motor vehicle while under the influence of
alcohol controlled substance or drugs; eliminating urine test as a
possible secondary chemical test; and requiring the Bureau for
Public Health to report to the Legislature.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2531, Relating to the practice of speech-language pathology and audiology.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2531) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2531--A Bill to amend and
reenact §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-32-5, §30-32-6,
§30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11, §30-32-12,
§30-32-13, §30-32-14, §30-32-15, §30-32-16, §30-32-17, §30-32-18,
§30-32-19, §30-32-20 and §30-32-21 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto two new
sections, designated §30-32-22 and §30-32-23, all relating to the
Board of Examiners of Speech-language Pathology and Audiology;
setting forth unlawful acts; providing exemptions; specifying
applicability of other law; providing definitions; continuing the Board of Examiners for Speech-Language Pathology and Audiology;
specifying qualifications of board members; providing terms and
conditions of board members' service; providing for election of
board officers; providing for compensation and expense
reimbursement of board members; setting forth powers and duties of
the board; providing rule-making authority; continuing the Board of
Examiners for Speech-Language Pathology and Audiology Fund;
providing qualifications for practicing speech-language pathology
or audiology; providing for provisional licenses to practice while
attaining required postgraduate professional experience; providing
for waiver of requirements for persons who hold a license from
another state with substantially equivalent standards; providing
for practice pending disposition of application; providing scopes
of practice for speech-language pathology and audiology; requiring
speech-language pathology assistants and audiology assistants to
register with the board; providing registration and supervision
requirements for speech-language pathology assistants and audiology
assistants; authorizing telepractice; providing conditions and
requirements for telepractice; providing for renewal of licenses
and registrations; providing for renewal of lapsed licenses and
registrations; providing for the suspension, revocation and refusal
to renew licenses and registrations; providing for the
reinstatement of revoked licenses and registrations; authorizing
actions to enjoin violations; providing for the investigation of
complaints; setting forth complaint procedures and hearing
procedures; establishing grounds for disciplinary actions; providing for rights of appeal and judicial review; providing that
a single act is sufficient to justify disciplinary action;
providing for criminal proceedings; providing for criminal
penalties; and requiring the Legislative Auditor to present a
report to the Joint Standing Committee on Government Organization
on the requirements for speech-language pathologists, audiologists
and assistants to practice in public schools.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2531) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2534, Relating to the
regulation of pawn brokers.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Boley, Cann, Chafin, Cookman, Edgell, Facemire, Fitzsimmons, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Yost and
Kessler (Mr. President)--25.
The nays were: Barnes, Blair, Carmichael, Cole, Green, D.
Hall, M. Hall, Nohe and Walters--9.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2534) passed.
At the request of Senator Snyder, as chair of the Committee on
Government Organization, and by unanimous consent, the unreported
Government Organization committee amendment to the title of the
bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2534--A Bill to amend the
Code of West Virginia, 1931, as amended by adding thereto a new
article, designated §47-26-1, §47-26-2, §47-26-3 and §47-26-4, all
relating to the regulation of pawn brokers; defining terms;
requiring transaction records; creating offenses; specifying
misdemeanor criminal penalty for violations; requiring record
retention; and allowing for additional local regulation by
municipalities or counties.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2538, Expiring,
supplementing, amending, increasing, and adding items of
appropriation in various accounts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2538) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2538--A Bill expiring funds
to the unappropriated surplus balance in the State Fund, General
Revenue, for the fiscal year ending June 30, 2013, in the amount of
$5,500,000 from the Governor's Office, Civil Contingent Fund, fund
0105, fiscal year 2009, organization 0100, activity 236, and in the
amount of $1,500,000 from the State Election Commission, Supreme
Court Public Campaign Financing Fund, fund 1690, fiscal year 2013,
organization 1601, and in the amount of $2,500,000 from the Department of Administration, Office of the Secretary, State
Employee Sick Leave Fund, fund 2045, fiscal year 2013, organization
0201, and in the amount of $18,317,356.29 from the Department of
Administration, Education, Arts, Sciences and Tourism Debt Service
Fund, fund 2252, fiscal year 2013, organization 0211, and in the
amount of $3,800,000 from the Department of Administration,
Division of General Services, 2004 Capitol Complex Parking Garage
Fund, fund 2461, fiscal year 2013, organization 0211, and in the
amount of $8,000,000 from the Department of Administration, Board
of Risk and Insurance Management, Premium Tax Savings Fund, fund
2367, fiscal year 2013, organization 0218, and in the amount of
$5,000,000 from the West Virginia Health Care Authority, Health
Care Cost Review Fund, fund 5375, fiscal year 2013, organization
0507, and in the amount of $2,000,000 from the Department of Health
and Human Resources, Division of Human Services, Low Income Energy
Assistance Program Fund, fund 5081, fiscal year 2013, organization
0511, and in the amount of $4,600,000 from the Department of
Revenue, State Budget Office, Public Employees Insurance Reserve
Fund, fund 7400, fiscal year 2013, organization 0703, and in the
amount of $24,500,000 from the Department of Revenue, Insurance
Commissioner, Insurance Commission Fund, fund 7152, fiscal year
2013, organization 0704, and in the amount of $14,736,022 from the
Department of Revenue, Lottery Commission, Revenue Center
Construction Fund, fund 7209, fiscal year 2013, organization 0705,
and in the amount of $3,000,000 from the Public Service Commission,
fund 8623, fiscal year 2013, organization 0926, and making a supplementary appropriation of public moneys out of the Treasury
from the balance of moneys remaining as an unappropriated surplus
balance in the State Fund, General Revenue, to the Governor's
Office, Civil Contingent Fund, fund 0105, fiscal year 2013,
organization 0100, to the Department of Administration, Division of
Finance, fund 0203, fiscal year 2013, organization 0209, to the
Department of Commerce, West Virginia Development Office, fund
0256, fiscal year 2013, organization 0307, to the Department of
Commerce, Division of Natural Resources, fund 0265, fiscal year
2013, organization 0310, to the Department of Education and the
Arts, Office of the Secretary, fund 0294, fiscal year 2013,
organization 0431, to the Department of Health and Human Resources,
Consolidated Medical Service Fund, fund 0525, fiscal year 2013,
organization 0506, to the Department of Health and Human Resources,
Division of Human Services, fund 0403, fiscal year 2013,
organization 0511, to the Department of Military Affairs and Public
Safety - Office of the Secretary, fund 0430, fiscal year 2013,
organization 0601, to the Department of Military Affairs and Public
Safety, Division of Corrections - Correctional Units, fund 0450,
fiscal year 2013, organization 0608, to the West Virginia Council
for Community and Technical College Education - Control Account,
fund 0596, fiscal year 2013, organization 0420, and to the Higher
Education Policy Commission - Control Account, fund 0586, fiscal
year 2013, organization 0442, by supplementing and amending the
appropriations for the fiscal year ending June 30, 2013.
WHEREAS, The Legislature finds that the account balances in the Governor's Office, Civil Contingent Fund, fund 0105, fiscal
year 2009, organization 0100, activity 236, the State Election
Commission, Supreme Court Public Campaign Financing Fund, fund
1690, fiscal year 2013, organization 1601, the Department of
Administration, Office of the Secretary, State Employee Sick Leave
Fund, fund 2045, fiscal year 2013, organization 0201, the
Department of Administration, Education, Arts, Sciences and Tourism
Debt Service Fund, fund 2252, fiscal year 2013, organization 0211,
the Department of Administration, Division of General Services,
2004 Capitol Complex Parking Garage Fund, fund 2461, fiscal year
2013, organization 0211, the Department of Administration, Board of
Risk and Insurance Management, Premium Tax Savings Fund, fund 2367,
fiscal year 2013, organization 0218, the West Virginia Health Care
Authority, Health Care Cost Review Fund, fund 5375, fiscal year
2013, organization 0507, the Department of Health and Human
Resources, Division of Human Services, Low Income Energy Assistance
Program Fund, fund 5081, fiscal year 2013, organization 0511, the
Department of Revenue, State Budget Office, Public Employees
Insurance Reserve Fund, fund 7400, fiscal year 2013, organization
0703, the Department of Revenue, Insurance Commissioner, Insurance
Commission Fund, fund 7152, fiscal year 2013, organization 0704,
the Department of Revenue, Lottery Commission, Revenue Center
Construction Fund, fund 7209, fiscal year 2013, organization 0705,
the Public Service Commission, fund 8623, fiscal year 2013,
organization 0926, exceed that which is necessary for the purposes
for which the accounts were established; and
WHEREAS, The Governor submitted to the Legislature the
Executive Budget document, dated February 13, 2013, which included
a Statement of the State Fund, General Revenue, setting forth
therein the cash balance as of July 1, 2012, and further included
the estimate of revenues for the fiscal year 2013, less net
appropriation balances forwarded and regular appropriations for the
fiscal year 2013; and
WHEREAS, It appears from the Executive Budget document,
Statement of the State Fund, General Revenue, and this legislation,
there now remains an unappropriated surplus balance in the State
Treasury which is available for appropriation during the fiscal
year ending June 30, 2013; therefore
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2538) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 2541, Making a supplementary appropriation
from the State Fund, State Excess Lottery Revenue Fund, to the
Department of Health and Human Resources, Division of Human
Services.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2451) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2541) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence in the changed
effective date. Eng. Com. Sub. for House Bill No. 2567, Relating to limited
partnerships.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2567) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2571, Relating to who may
serve as members of the environmental quality board.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: M. Hall--1.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2571) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:Eng. Com. Sub. for House Bill No. 2571--A Bill to amend and
reenact §22B-3-1 of the Code of West Virginia, 1931, as amended,
relating to the Environmental Quality Board; removing outdated
language; providing that board members may serve on the board until
their successor is appointed; permitting individuals who receive a
portion of income from state agencies, other than the Department of
Environmental Protection, who hold or are applicants to hold
certain environment permits to serve on the board; and prohibiting
board members who are employed or have been employed by a state
agency from voting on a matter concerning a permit issued to that
agency.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--33.
The nays were: M. Hall--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2571) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2577, Relating to the
practice of pharmacist care.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2577) passed.
At the request of Senator Stollings, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
title of the bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:Eng. Com. Sub. for House Bill No. 2577--A Bill to repeal
§30-5-1a, §30-5-1b, §30-5-2a, §30-5-3a, §30-5-5a, §30-5-5b,
§30-5-6a, §30-5-7a, §30-5-7b, §30-5-7c, §30-5-9a, §30-5-10a,
§30-5-12c, §30-5-14a, §30-5-14b, §30-5-16a, §30-5-16b, §30-5-16c
and §30-5-22a of the Code of West Virginia, 1931, as amended; to
amend and reenact §29-29-3 of said code; to amend and reenact
§30-5-1, §30-5-2, §30-5-3, §30-5-4, §30-5-5, §30-5-6, §30-5-7,
§30-5-8, §30-5-9, §30-5-10, §30-5-11, §30-5-12, §30-5-13, §30-5-14,
§30-5-15, §30-5-16, §30-5-17, §30-5-18, §30-5-19, §30-5-20,
§30-5-21, §30-5-22, §30-5-23, §30-5-24, §30-5-26, §30-5-27,
§30-5-28 and §30-5-30 of said code; to amend said code by adding
thereto six new sections, designated §30-5-25, §30-5-29, §30-5-31,
§30-5-32, §30-5-33 and §30-5-34; to amend and reenact §60A-8-7 of
said code; to amend and reenact §60A-10-3 of said code; and to
amend and reenact §60A-10-5 of said code, all relating to pharmacy
practice; prohibiting the practice of pharmacist care without a license; permitting a licensed practitioner to dispense in certain
settings; providing other applicable sections; providing
definitions; providing for board composition and qualifications;
setting forth the powers and duties of the board; clarifying
rule-making authority; continuing a special revenue account;
establishing license, registration and permit requirements;
establishing qualifications for licensure as a pharmacist and
registration as a pharmacy technician; creating a scope of practice
for pharmacists and pharmacy technicians; establishing requirements
for a pharmacy intern to assist in practice of pharmacy care;
creating a temporary permit; prohibiting the dispensing of
prescription orders in absence of a practitioner-patient
relationship; providing for reciprocal licensure; establishing
renewal requirements; providing for exemptions from licensure;
creating a special volunteer license; providing requirement to
participate in collaborative pharmacy practice; providing for
collaborative pharmacy practice agreements; providing requirements
for dispensing generic drugs; requiring and authorizing
registration of pharmacies; establishing for permit for mail-order
pharmacies and the manufacturing of drugs; providing requirements
of filling prescriptions; providing requirements for the display of
a board authorization; establishing requirements for pharmacist-in-
charge; setting forth limitations of the article; permitting the
board to file an injunction; setting forth grounds for disciplinary
actions; allowing for specific disciplinary actions; providing
procedures for investigation of complaints; providing duty to warn; providing for judicial review and appeals of decisions; setting
forth hearing and notice requirements; providing for civil causes
of action; providing criminal offenses are to be reported to law
enforcement; and updating internal references.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2577) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2590, Creating a public
nonprofit corporation and governmental instrumentality to
collectively address several environmental and economic development
programs.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2590) passed.
The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:Eng. Com. Sub. for House Bill No. 2590--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §31-21-1, §31-21-2, §31-21-3, §31-21-4, §31-21-
5, §31-21-6, §31-21-7, §31-21-8, §31-21-9, §31-21-10, §31-21-11,
§31-21-12, §31-21-13, §31-21-14, §31-21-15, §31-21-16, §31-21-17,
§31-21-18, §31-21-19 and §31-21-20, all relating to authorizing the
creation of a public nonprofit corporation and governmental
instrumentality to facilitate the redevelopment of former
commercial, industrial and mining properties subject to federal and
state regulations because of contamination or pollution discharge;
providing short title; declaring policy and purpose of article;
defining terms; creating West Virginia Land Stewardship
Corporation; requiring corporation to apply for recognition of
nonprofit status; providing eligibility for properties to participate; stating certain tax requirements; setting forth powers
and limitations of West Virginia Land Stewardship Corporation;
providing for board of directors and composition of same; providing
for creation of voluntary land stewardship program; providing for
underwriting review of land stewardship program applicants;
authorizing establishment of state certified sites program; setting
forth minimum standards for certification under state certified
sites program and assessment of fees therefor; authorizing
establishment of voluntary state land bank program; prohibiting the
transfer of certain liabilities to land bank by prior owner;
permitting land stewardship corporation to preserve property value
of properties held by land stewardship corporation; authorizing
land bank to acquire, dispose or otherwise manage real property;
providing requirements for handling of contaminated properties by
land stewardship corporation; providing for liberal construction of
article; authorizing the Department of Environmental Protection to
investigate corporation activities and take necessary actions;
exempting corporation from certain state and local taxes;
specifying payments in lieu of tax and tax exemption for leased
property; requiring corporation to notify certain county officials
upon receipt of an application for a site to participate in the
land bank program; requiring audits and biannual reports; providing
procedure for dissolution of land stewardship corporation upon
completion of purpose and for disposal of properties possessed by
the corporation; providing provision for conflict of interest of
land stewardship corporation officers, employees and board members; stating preservation of sovereign immunity; and providing that
obligations of land stewardship corporation are not obligations of
the Department of Environmental Protection or the state.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2600, Creating resort area
districts.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2600) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Miller, unanimous consent being
granted, Senator Miller addressed the Senate regarding a meeting of
the committee of conference on Engrossed Committee Substitute for
Senate Bill No. 386.
The Senate resumed consideration of its third reading
calendar, the next bill coming up in numerical sequence being Eng. Com. Sub. for House Bill No. 2689, Authorizing
miscellaneous Boards and Agencies to promulgate legislative rules.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2689) passed.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2689--A Bill to amend and
reenact article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules;
authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Board of Medicine to promulgate a
legislative rule relating to practitioner requirements for
accessing the West Virginia controlled substances monitoring
program data base; authorizing the Board of Medicine to promulgate
a legislative rule relating to licensure, disciplinary and
complaint procedures; continuing education; and physician
assistants; authorizing the Board of Medicine to promulgate a
legislative rule relating to continuing education for physicians
and podiatrists; authorizing the Board of Optometry to promulgate
a legislative rule relating to continuing education; authorizing
the Board of Osteopathic Medicine to promulgate a legislative rule
relating to licensing procedures for osteopathic physicians;
authorizing the Board of Osteopathic Medicine to promulgate a
legislative rule relating to practitioner requirements for
controlled substances licensure and accessing the West Virginia
controlled substances monitoring program database; authorizing the
Board of Osteopathic Medicine to promulgate a legislative rule relating to osteopathic physician assistants; authorizing the Board
of Pharmacy to promulgate a legislative rule relating to ephedrine
and pseudoephedrine control; authorizing the Board of Pharmacy to
promulgate a legislative rule relating to controlled substances
monitoring; authorizing the Real Estate Appraiser Licensing and
Certification Board to promulgate a legislative rule relating to
requirements for licensure and certification; authorizing the Real
Estate Appraiser Licensing and Certification Board to promulgate a
legislative rule relating to renewal of licensure - qualifications
for renewal; authorizing the Board of Examiners for Registered
Professional Nurses to promulgate a legislative rule relating to
fees for services rendered by the Board and supplemental renewal
fee for the center for nursing; authorizing the Board of Examiners
for Registered Professional Nurses to promulgate a legislative rule
relating to practitioner requirements for accessing the West
Virginia controlled substances monitoring program database;
authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to the
announcement of advanced practice; authorizing the Board of
Examiners for Registered Professional Nurses to promulgate a
legislative rule relating to limited prescriptive authority for
nurses in advanced practice; authorizing the Secretary of State to
promulgate a legislative rule relating to the Uniform Commercial
Code; authorizing the Secretary of State to promulgate a
legislative rule relating to administration of the address
confidentiality program; authorizing the Secretary of State to promulgate a legislative rule relating to the regulation of
political party headquarters financing; authorizing the Secretary
of State to promulgate a legislative rule relating to the
regulation of late registration; authorizing the Board of Barbers
and Cosmetologists to promulgate a legislative rule relating to the
procedures, criteria and curricula for examination and licensure of
barbers, cosmetologists, nail technicians, aestheticians and hair
stylists; authorizing the Board of Barbers and Cosmetologists to
promulgate a legislative rule relating to barber apprenticeships;
authorizing the Board of Barbers and Cosmetologists to promulgate
a legislative rule relating to the operational standards for
schools of barbering and beauty culture; authorizing the
Commissioner of Agriculture to promulgate a legislative rule
relating to animal disease control; authorizing the Commissioner of
Agriculture to promulgate a legislative rule relating to poultry
litter and manure movement into primary poultry breeder rearing
areas; authorizing the Board of Architects to promulgate a
legislative rule relating to the registration of architects;
authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to the Board; authorizing the Board of
Dental Examiners to promulgate a legislative rule relating to
practitioner requirements for accessing the West Virginia
controlled substances monitoring program database; authorizing the
Board of Dental Examiners to promulgate a legislative rule relating
to continuing education requirements; authorizing the Board of
Dental Examiners to promulgate a legislative rule relating to the expanded duties of dental hygienists and dental assistants;
authorizing the Hatfield-McCoy Regional Recreation Authority to
promulgate a legislative rule relating to rules for use of the
facility; authorizing the Treasurer's Office to promulgate a
legislative rule relating to the enforcement of the Uniform
Unclaimed Property Act; authorizing the Board of Veterinary
Medicine to promulgate a legislative rule relating to the
organization and operation and licensing of veterinarians;
authorizing the Board of Veterinary Medicine to promulgate a
legislative rule relating to a schedule of fees; authorizing the
Board of Social Work to promulgate a legislative rule relating to
a fee schedule; authorizing the Board of Social Work to promulgate
a legislative rule relating to qualifications for the profession
social work; authorizing the Board of Social Work to promulgate a
legislative rule relating to applications; authorizing the Board of
Social Work to promulgate a legislative rule relating to continuing
education for social workers and providers; authorizing the Board
of Social Work to promulgate a legislative rule relating to a code
of ethics; authorizing the Board of Examiners for Speech-Language
Pathology and Audiology to promulgate a legislative rule relating
to the licensure of speech-pathology and audiology; and authorizing
the Conservation Committee to promulgate a legislative rule
relating to the operation of the West Virginia State Conservation
Committee and conservation districts.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2689) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2716, Relating to the West
Virginia Fairness in Competitive Bidding Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2716) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 2717, Requiring that deputy
sheriffs be issued ballistic vests upon law-enforcement
certification.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2717) passed with its title.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2717) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2727, Relating to the school
aid formula.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2727) passed.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the title of the bill was withdrawn.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2727--A Bill to amend and
reenact §18-9A-7 and §18-9A-8a of the code of West Virginia, 1931,
as amended, all relating to the school aid formula; adjusting the
foundation school program allowance for transportation costs by
limiting the ten percent additional percentage allowance for
alternative fuel vehicles to school buses using compressed natural
gas; providing for phased-in elimination of the additional
percentage for bio-diesel as an alternative fuel; and adjusting the
foundation allowance by reducing the maximum allocation for
regional education service agencies (RESA).
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2727) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2730, Relating to the Real Estate Appraisal Board.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2730) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 2731, Regulating the
performance of health maintenance tasks by unlicensed personnel.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2731) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2731) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2733, Relating to hearings
before the Office of Administrative Hearings.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2733) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2738, Relating to the Center
for Nursing.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2738) passed.
At the request of Senator Stollings, as chair of the Committee on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
title of the bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2738--A Bill to repeal §30-
7B-8 of the Code of West Virginia, 1931, as amended; to amend and
reenact §18C-3-2 and §18C-3-3 of said code; to amend said code by
adding thereto a new section, designated §18C-3-4; and to amend and
reenact §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-7
and §30-7B-9 of said code, all relating generally to administration
of financial aid and higher education scholarship programs by the
Higher Education Policy Commission; redesignating the Health
Sciences Scholarship Program as the Health Science Service Program;
expanding program eligibility and award amounts; redefining
medically underserved areas; providing state aid for certain
students pursuing certain degrees; requiring a service commitment
to state and setting forth alternatives to service; requiring
legislative rules and specifying rule provisions; continuing Center
for Nursing and placing it under supervision of the Higher
Education Policy Commission; moving the Center for Nursing special
revenue account to the Higher Education Policy Commission; updating
provisions regarding funding of the special revenue account;
updating the powers and duties of the Center for Nursing;
reorganizing the center's board of directors, updating membership
and powers and duties of the board; authorizing reimbursement for board members' actual and necessary expenses; requiring annual
reports to the Legislative Oversight Commission on Health and Human
Resources Accountability and the Legislative Oversight Commission
on Education Accountability; providing for financial aid programs
to benefit nurses who teach or practice in West Virginia; setting
out minimum financial aid amounts for nurses; establishing
conditions for receipt of financial aid for nursing students;
providing for reimbursement by nursing students who fail to meet
service requirements for receipt of financial aid; defining terms;
deleting obsolete language and making technical changes.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2747, Relating to Open
Governmental Proceedings.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2747) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.Eng. Com. Sub. for House Bill No. 2754, Relating to further
defining a retailer engaging in business in this state for purposes
of sales and use taxes.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2754) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 2764, Relating to compulsory
school attendance.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2764) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. House Bill No. 2770, Permitting dealers who sell fewer
than eighteen new or used motor vehicles during a year to have
their dealer licenses renewed.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2770) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. House Bill No. 2780, Relating generally to
multidisciplinary team meetings for juveniles committed to the
custody of the West Virginia Division of Juvenile Services.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2780) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:Eng. House Bill No. 2780--A Bill to amend and reenact §49-5D-3
and §49-5D-3c of the Code of West Virginia, 1931, as amended, all
relating generally to multidisciplinary team meetings for juveniles
committed to the custody of the West Virginia Division of Juvenile Services; requiring such meetings be held quarterly; authorizing
the directors of detention centers to call such meetings in certain
circumstances; requiring assessments be provided in all cases to
the court and team members; and requiring that team members be
notified that he or she may participate in team meetings
electronically.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2805, Making the West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot
Program a permanent program.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator M. Hall, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar. Eng. House Bill No. 2814, Relating to human trafficking.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Palumbo, and by unanimous consent,
further consideration of the bill was deferred until the conclusion
of bills on today's third reading calendar, following consideration
of Engrossed Committee Substitute for House Bill No. 2805, already
placed in that position. Eng. Com. Sub. for House Bill No. 2825, Relating to certain
appointive state officers salaries.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Cann, Chafin, Edgell, Facemire, Fitzsimmons, Green, D. Hall,
Jenkins, Kirkendoll, Laird, McCabe, Miller, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells,
Williams, Yost and Kessler (Mr. President)--27.
The nays were: Boley, Carmichael, Cole, Cookman, M. Hall,
Nohe and Walters--7.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2825) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2836, Allowing certain
Commission on Special Investigations personnel the right to carry
firearms.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2836) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2836) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 2837, Amending various
provisions of the Code affecting the Treasurer's Office.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2837) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2837--A Bill to repeal
§12-1-12c of the Code of West Virginia, 1931, as amended; to repeal
§12-6B-1, §12-6B-2, §12-6B-3 and §12-6B-4 of said code; to amend
and reenact §5-10B-13 of said code; to amend said code by adding
thereto a new section, designated §5-10B-14; to amend and reenact
§12-1-3, §12-1-8 and §12-1-11 of said code; to amend and reenact
§12-2-2 and §12-2-3 of said code; to amend and reenact §12-3A-3 of
said code; to amend said code by adding thereto a new section,
designated §12-4-17; to amend and reenact §12-5-4 of said code; to
amend and reenact §12-6A-1, §12-6A-2, §12-6A-3, §12-6A-4 and
§12-6A-5, §12-6A-6 and §12-6A-7 of said code; to amend and reenact
§12-6C-7 and §12-6C-9 of said code; to amend and reenact §33-3-14d
of said code; and to amend and reenact §36-8-13 of said code, all
relating to the state treasurer's office; authorizing the deferred
compensation plan to accept qualified domestic relations orders;
authorizing Roth accounts within the deferred compensation plan in accordance with the Internal Revenue Code; authorizing financial
institutions to offer products in addition to certificates of
deposit; updating references to investing authorities to include
the Board of Treasury Investments; raising the amount of eligible
deposits from $100,000 to the amount insured by a federal agency;
providing requirements to be eligible depositories; providing for
conflicts of interest for applicants and employees of the
Treasurer's office in connection with financial institutions;
authorizing depositories to submit reports in an electronic format;
changing the requirement that deposits are required within twenty-
four hours to one business day; changing the report to the
Legislative Auditor for accounts outside the treasury from
quarterly to an annual report; authorizing the Treasurer to
determine the competitive bidding of banking, investment and
related goods and services required for treasury operations;
authorizing the Treasurer to develop procedures for storing,
retaining and disposing of records for his or her office; ensuring
the Director of the Division of Archives and History receives
records with historical value; clarifying that the Treasurer is
responsible for earnings received on securities, not just interest;
consolidating the debt capacity division into the debt management
division; providing legislative findings to acknowledge the
importance of monitoring the debt of the state and its spending
units; continuing Division of Debt Management as the central
information source for debt issued by the state and its spending
units; defining debt to include debentures, lease purchases, mortgages, securitizations and other types of obligations with
specific amounts owed and payable on demand or on determinable
dates; defining debt impact report, moral obligation bond, net tax
supported debt and tax supported debt; defining spending unit;
eliminating requirement for developing a long-term debt plan;
authorizing the division to continuously evaluating debt and debt
service requirements of the state and its spending units;
authorizing the division to issue a debt impact report if requested
by the Governor, Senate President or House of Delegates Speaker and
that the report shall not restrict the Governor, Legislature or
spending unit; requiring the division to monitor continuing
disclosure requirements and post-issuance compliance issues;
eliminating requirement that the debt management division provide
staff for the debt capacity division; providing for reporting by
the division and the spending units; requiring the division to
prepare and issue the debt capacity report; authorizing the
Treasurer to promulgate the rules in certain circumstances;
altering the bond required for the Board of Treasury Investments
from $50 million to at least $10 million, as set by the board;
updating language pertaining to rating agencies to nationally
recognized statistical rating organizations; permitting pools with
weighted average maturity or duration of three hundred sixty-six
days or more to invest in investment grade corporate debt
securities; authorizing investments in money market and other fixed
income funds; providing that securities falling out of compliance
with the code do not have to be sold if the investment manager and investment consultant recommend retention; satisfying amounts due
to and from policemen's and firemen's pension and relief funds and
the Teachers Retirement System; and authorizing transfer of moneys
from the Unclaimed Property Trust Fund for payment to policemen's
and firemen's pension and relief funds.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 2842, Clarifying that time-sharing plans,
accommodations and facilities are subject to regulation by the
Division of Land Sales and Condominiums.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2842) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. House Bill No. 2847, Relating to the collection of delinquent real property and personal property taxes.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2847) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Unger, the Senate recessed until 1:15
p.m. today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Unger, and by unanimous consent, returned to
the fifth order of business.

Filed Conference Committee Reports

The Clerk announced the following conference committee report
had been filed at 1:27 p.m. today:Eng. Com. Sub. for Senate Bill No. 386, Relating to personal
safety orders.
At the request of Senator Unger, unanimous consent being
granted, the Senate again proceeded to the eighth order of
business, the next bill coming up in numerical sequence being Eng. Com. Sub. for House Bill No. 2848, Providing the process
for requesting a refund after forfeiture of rights to a tax deed.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2848) passed.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2848--A Bill to amend and
reenact §11A-3-18, §11A-3-27, §11A-3-28 and §11A-3-55 of the Code of the West Virginia, 1931, as amended, all relating generally to
the sale of tax liens and nonentered, escheated and waste and
unappropriated lands; providing the process for requesting a refund
after forfeiture of rights to a tax deed; clarifying deadlines for
receipt of tax deeds and refunds related to failure to meet
deadlines; modifying the requirements for petitioning to compel
execution of a deed by the State Auditor; removing the provisions
allowing judgment against the State Auditor for costs in the case
of failure or refusal to execute a deed without reasonable cause;
and providing for service of notice when mail is not deliverable to
an address at the physical location of the property.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 2851, Establishing a one time audit cost
amnesty program for local governments with delinquent audit costs.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2851) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. House Bill No. 2861, Relating to continued enrollment of
at-risk student in public school.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2861) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:Eng. House Bill No. 2861--A Bill to amend and reenact §18-2-6
of the Code of West Virginia, 1931, as amended, relating to dual
enrollment of at-risk student in public school and alternative
program that meets certain conditions; making legislative findings;
requiring approval of alternative programs by the State Board of Education; authorizing county superintendent to approve dual
enrollment; providing conditions under which dual enrollment may be
approved; and eliminating required annual report on cooperation
with Challenge Academy.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2861) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2888, Allowing members of a
policemen's civil service commission to serve on other local boards
and commissions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2888) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 2897, Declaring certain
claims against the state and its agencies to be moral obligations
of the state.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2897) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2897) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. House Bill No. 2933, Providing notification to a
prosecuting attorney of an offender's parole hearing and release.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2933) passed.
The following amendment to the title of the bill, frm the
Committee on the Judiciary, was reported by the Clerk and adopted:Eng. House Bill No. 2933--A Bill to amend and reenact §62-12-
23 of the Code of West Virginia, 1931, as amended, relating to the
Parole Board's duty to notify prosecuting attorneys and circuit
judges of an offender's release and the grounds therefor.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 2956, Relating to resident brewers and
brewpubs.
On third reading, coming up in regular order, with the
unreported Judiciary committee amendment pending, and with the
right having been granted on yesterday, Friday, April 12, 2013, for
further amendments to be received on third reading, was reported by
the Clerk.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
For the purpose of this article, except where the context
clearly requires differently:
(1) "Brewer" or "manufacturer" means any person, firm,
association, partnership or corporation manufacturing, brewing,
mixing, concocting, blending, bottling or otherwise producing or
importing or transshipping from a foreign country nonintoxicating
beer or nonintoxicating craft beer for sale at wholesale to any
licensed distributor.
(2) "Brewpub" means a place of manufacture of nonintoxicating
beer owned by a resident brewer, subject to federal and state
regulations and guidelines, a portion of which premises are
designated for retail sales of nonintoxicating beer or
nonintoxicating craft beer by the resident brewer owning the
brewpub.
(3) "Class A retail license" means a retail license permitting
the retail sale of liquor at a freestanding liquor retail outlet
licensed pursuant to chapter sixty of this code.
(4) "Commissioner" means the West Virginia Alcohol Beverage
Control Commissioner.
(5) "Distributor" means and includes any person jobbing or
distributing nonintoxicating beer or nonintoxicating craft beer to
retailers at wholesale and whose warehouse and chief place of
business shall be within this state. For purposes of a distributor
only, the term "person" means and includes an individual, firm,
trust, partnership, limited partnership, limited liability company,
association or corporation. Any trust licensed as a distributor or
any trust that is an owner of a distributor licensee, and the
trustee or other persons in active control of the activities of the trust relating to the distributor license, is liable for acts of
the trust or its beneficiaries relating to the distributor license
that are unlawful acts or violations of article eleven of this
chapter notwithstanding the liability of trustees in article ten,
chapter forty-four-d of this code.
(6) "Freestanding liquor retail outlet" means a retail outlet
that sells only liquor, beer, nonintoxicating beer and other
alcohol-related products, as defined pursuant to section four,
article three-a, chapter sixty of this code.(7) "Growler" means a glass ceramic or metal container or jug,
capable of being securely sealed, utilized by a brewpub for
purposes of off-premise sales of nonintoxicating beer or
nonintoxicating craft beer for personal consumption not on a
licensed premise and not for resale.
__(7)(8) "Nonintoxicating beer" means all natural cereal malt
beverages or products of the brewing industry commonly referred to
as beer, lager beer, ale and all other mixtures and preparations
produced by the brewing industry, including malt coolers and
nonintoxicating craft beers with no caffeine infusion or any
additives masking or altering the alcohol effect containing at
least one half of one percent alcohol by volume, but not more than
nine and six-tenths of alcohol by weight, or twelve percent by
volume, whichever is greater. all of which are hereby declared to
be nonintoxicating and The word "liquor" as used in chapter sixty
of this code shall not be construed todoes not include or embrace
nonintoxicating beer nor any of the beverages, products, mixtures or preparations included within this definition.(8)(9) "Nonintoxicating beer sampling event" means an event
approved by the commissioner for a Class A retail Licensee to hold
a nonintoxicating beer sampling authorized pursuant to section
eleven-a of this article.(9)(10) "Nonintoxicating beer sampling day" means any days
and hours of the week where Class A retail licensees may sell
nonintoxicating beer pursuant to sub-section (a)(1), section
eighteen of this article, and is approved, in writing, by the
commissioner to conduct a nonintoxicating beer sampling event.(10)(11) "Nonintoxicating craft beer" means any beverage
obtained by the natural fermentation of barley, malt, hops or any
other similar product or substitute and containing not less than
one half of one percent by volume and not more than twelve percent
alcohol by volume or nine and six-tenths percent alcohol by weight
with no caffeine infusion or any additives masking or altering the
alcohol effect.(11)(12) "Original container" means the container used by the
brewer at the place of manufacturing, bottling or otherwise
producing nonintoxicating beer for sale at wholesale.(12)(13) "Person" means and includes an individual, firm,
partnership, limited partnership, limited liability company,
association or corporation.(13)(14) "Resident brewer" means any person, firm,
association, partnership, or corporationbrewer or manufacturer
whose principal place of business and manufacture is located within this state and whose volume of brewed or manufactured
nonintoxicating beer or nonintoxicating craft beer self-distributed
by such resident brewer in this state does not exceed 10 thousand
barrels of such beer annually.
__(14)(15) "Retailer" means any person selling, serving, or
otherwise dispensing nonintoxicating beer and all products
regulated by this article, including, but not limited to, any malt
cooler,malt coolers at his or her established and licensed place
of business.(15)(16) "Tax Commissioner" means the Tax Commissioner of the
State of West Virginia or the commissioner's designee.§11-16-6. License in one capacity only; no connection between
different licensees; when brewer may act as distributor;
credit and rebates proscribed; brewpub. (a) No person shall be licensed in more than one capacity
under the terms of this article, and there shall be no connection
whatsoever between any retailer, or distributor, resident brewer or
brewer, and no person shall be interested directly or indirectly
through the ownership of corporate stock, membership in a
partnership, or in any other way in the business of a retailer, if
such person is at the same time interested in the business of a
brewer, resident brewer or distributor. A resident brewer whose
place of brewing or manufacture is located within the State of West
Virginia may act as distributor of hisin a limited capacity for
his or her own product from such resident brewery, place of
manufacture or bottling, but must have a distributor's license for distribution from a place other than the place of brewing or
manufacturea resident brewer is not permitted to act as a
distributor as defined in section three of this article: Provided,
That nothing in this article may prevent a resident brewer from
using the services of licensed distributors as specified in this
article. A resident brewer or distributor may sell to a consumer
for personal use and not for resale, draught beer in quantities of
one-eighth, one-fourth and one-half barrels in the original
containers. A resident brewer owning a brewpub may sell
nonintoxicating beer or nonintoxicating craft beer produced by the
brewpub in a sealed growler, cans or bottles for personal
consumption off of a licensed premise and not for resale.
(b) It shall beis unlawful for any brewer, resident brewer,
manufacturer or distributor to assist any retailer or for any
retailer to accept assistance from any brewer, manufacturer or
distributor any gifts or loans or forebearance of money or property
of any kind, nature or description, or other thing of value or by
the giving of any rebates or discounts of any kind whatsoever
except as may be permitted by rule, regulation, or order
promulgated by the commissioner in accordance with this article.
Notwithstanding paragraphs (a) and (b) above, a brewpub may
manufacture and offer for retail sale nonintoxicating beer or
nonintoxicating craft beer so long as the sale of the
nonintoxicating beer or nonintoxicating craft beer is limited to
the brewpub premises, except for up to two growlers per customer
for personal consumption off of a licensed premises and not for resale.
On motion of Senator Palumbo, the following amendment to the
Judiciary committee amendment to the bill (Eng. H. B. No. 2956) was
next reported by the Clerk and adopted:
On page four, section three, line fourteen, by striking out
all of subsection (14) and inserting in lieu thereof a new
subsection, designated subsection (14), to read as follows:
(14) "Resident brewer" means any brewer or manufacturer of
nonintoxicating beer or nonintoxicating craft beer whose principal
place of business and manufacture is located in the State of West
Virginia and which does not brew or manufacture more than twenty-
five thousand barrels of nonintoxicating beer or nonintoxicating
craft beer annually, and does not self-distribute more than ten
thousand barrels thereof in the State of West Virginia annually.
The question now being on the adoption of the Judiciary
committee amendment, as amended, the same was put and prevailed.
Having been engrossed, the bill (Eng. H. B. No. 2956) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2956) passed.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:Eng. House Bill No. 2956--A Bill to amend and reenact §11-16-3
and §11-16-6 of the Code of West Virginia, 1931, as amended, all
relating to nonintoxicating beer distributorships and their
licenses, resident brewers and brewpubs; expanding the definition
of "person" for purposes of holding a nonintoxicating beer
distributorship; allowing individuals, forms, trusts, partnerships,
limited partnerships, limited liability companies, associations and
corporations to hold a distributor's license; clarifying and
amending applicable definitions; clarifying certain requirements
and operations relating to distribution and sales at brewpubs;
allowing for the limited sale of nonintoxicating beer and
nonintoxicating craft beer by brewpubs for personal consumption off
premises and not for resale; amending definition of resident
brewers; placing limit on amount of nonintoxicating beer and
nonintoxicating craft beer that a resident brewer may self-
distribute; and prohibiting addition or infusion of nonintoxicating
beer or nonintoxicating craft beer with caffeine or any additives masking or altering alcohol effect.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 2964, Authorizing the mayor
to appoint chiefs of police and deputy chiefs of police.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2964) passed.
At the request of Senator Snyder, as chair of the Committee on
Government Organization, and by unanimous consent, the unreported
Government Organization committee amendment to the title of the
bill was withdrawn.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2964--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-10-1b, relating to the powers of mayors of
Class III cities and Class IV towns or villages with paid police
departments not subject to civil service; authorizing the mayor to
appoint chief of police; and providing that a Class III city or
Class IV town or village may provide by ordinance whether the
appointed chief of police shall be reinstated to his or her
previous rank following term as chief of police.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 3020, Improving boat dock
and marina safety.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 3020 pass?"
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 3020) passed.
At the request of Senator Laird, as chair of the Committee on
Natural Resources, and by unanimous consent, the unreported Natural
Resources committee amendment to the title of the bill was
withdrawn.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 3020--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §20-9-1, §20-9-2, §20-9-3, §20-9-4, §20-9-5 and
§20-9-6, all relating to boat dock and marina safety; defining
terms; requiring certain signage at certain boat docks and marinas;
requiring compliance with certain safety standards on electrical
work and electrical wiring at certain boat docks and marinas;
requiring certain work by certain certified electricians;
establishing a date for compliance; requiring certain enforcement;
providing rule-making authority and authorizing emergency rules;
providing penalties for certain violations; and creating a
misdemeanor offense for violation of certain sections.

PREAMBLE

THIS LEGISLATION SHALL BE KNOWN AS THE "MICHAEL
CUNNINGHAM ACT". WHEREAS, WEST VIRGINIA IS KNOWN FOR ITS
BEAUTIFUL AND ABUNDANT WATERWAYS, LAKES AND RIVERS, WHICH
PROVIDE A DRAW FOR TOURISM AND A BOOST FOR OUR ECONOMY;
AND
WHEREAS, OUR WATERWAYS, LAKES AND RIVERS SHOULD BE A SAFE
PLACE FOR CHILDREN AND FAMILIES TO ENJOY; AND
WHEREAS, THERE HAVE BEEN CASES RECENTLY WHERE CHILDREN
HAVE DIED BECAUSE THE WATER WHERE THEY WERE SWIMMING WAS
ELECTRIFIED BY THE UNGROUNDED AND IMPROPER CONNECTION OF
ELECTRICITY TO BOAT DOCKS AND MARINAS; AND
WHEREAS, ELECTRICITY AND WATER CREATE A DEADLY
COMBINATION THAT CAN PARALYZE A SWIMMER WHICH CAN RESULT
IN THE SWIMMER DROWNING; AND WHEREAS, CHILDREN WHO ARE
SWIMMING ARE PARTICULARLY VULNERABLE TO ELECTROCUTION AND
SHOCK IN THE WATER; AND
WHEREAS, BRINGING BOAT DOCKS AND MARINAS UP TO THE
NATIONAL FIRE PROTECTION ASSOCIATION AND NATIONAL
ELECTRIC CODE STANDARDS FOR MARINAS AND BOATYARDS IS
NECESSARY FOR THE PROTECTION AND SAFETY OF ALL OF THOSE
WHO ENJOY OUR WATERWAYS, LAKES AND RIVERS FOR RECREATION
AND TO PROTECT OUR TOURISM INDUSTRY.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Cann regarding the
passage of Engrossed Committee Substitute for House Bill No. 3020
were ordered printed in the Appendix to the Journal. Eng. House Bill No. 3043, Including methane monitoring
equipment as eligible safety equipment for tax credit purposes.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 3043) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 3069, Relating to access to
justice.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3069) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 3139, Authorizing qualified
investigators employed by the Secretary of State to carry a firearm
and concealed weapon.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3139) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 3139--A Bill to amend and
reenact §3-1A-8 of the Code of West Virginia, 1931, as amended; and
to amend and reenact §5-3-3 of said code, all relating to qualified
investigators employed by the Secretary of State or the Attorney
General; authorizing the Secretary of State and Attorney General to
allow qualified investigators to carry firearms while performing
their official duties; establishing minimum training and
certification requirements; and requiring qualified personnel to
secure a license to carry a concealed weapon in accordance with the
provisions of the code.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3139) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. Com. Sub. for House Bill No. 3145, Removing the existing
maximum quantities of beer that retailers can sell for off
premises.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3145) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. Eng. Com. Sub. for House Bill No. 3157, Restoring the
authority, flexibility, and capacity of schools and school systems
to improve student learning.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3157) passed.
At the request of Senator Plymale, as chair of the Committee
on Education, and by unanimous consent, the unreported Education
committee amendment to the title of the bill was withdrawn.
On motion of Senator Plymale, the following amendment to the
title of the bill was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 3157--A Bill to repeal
§18-2-15, §18-2-15a, §18-2-18, §18-2-23, §18-2-30, §18-2-31,
§18-2-36, §18-2-37 and §18-2-38 of the Code of West Virginia, 1931, as amended; to repeal §18-2E-3c and §18-2E-3d of said code; to
repeal §18-5-40 of said code; to repeal §18-9-2b, §18-9-5, §18-9-7
and §18-9-8 of said code; to repeal §18-9A-3a, §18-9A-3b,
§18-9A-13, §18-9A-13a, §18-9A-13b, §18-9A-25 and §18-9A-26 of said
code; to repeal §18-9B-11 and §18-9B-16 of said code; to repeal
§18A-3-2b of said code; to amend and reenact §18-2-5g of said code;
to amend and reenact §18-5-45 of said code; to amend said code by
adding thereto a new section, designated §18-8-6a; to amend and
reenact §18-9A-10 of said code; and to amend and reenact §18-17-8
of said code, all relating to restoring the authority, flexibility
and capacity of schools and school systems to improve student
learning; eliminating requirement for biennial report on public
schools and institutions; eliminating expired provisions for RESA
study; eliminating expired provisions for study on staff
fluctuations at certain schools; eliminating outdated provisions on
comprehensive education program plans; eliminating requirement for
statewide curriculum technology resource center; eliminating
outdated provisions for automatic cost of living adjustment plan;
eliminating outdated provisions for student learning abilities
grant program; eliminating expired provisions on flood and property
insurance study; eliminating expired provisions on study of school
teams and committees; eliminating prescriptive summer reading and
math grant program provisions; eliminating provisions pilot program
for operation on schools on semester basis; eliminating outdated
provisions for transferring school funds from magisterial and
independent school districts; eliminating outdated provisions related to the board of the school fund; eliminating outdated
provisions related to supplemental aid to for districts with
institutional home for orphans and homeless children; eliminating
expired provisions for transition to new provisions on school
finance; eliminating expired provisions for school finance in
certain fiscal year; eliminating expired provisions for one-year
transitional allocation appropriation for certain rural districts;
eliminating expired provisions related to levies subsequent to
passage of statewide uniform excess levy; eliminating inoperable
provisions for legislative reserve fund; eliminating requirement
for appropriation for teacher of the year salary; eliminating
allowance for workers' compensation for unpaid work-based learning;
eliminating outdated provisions related to board of school finance;
eliminating provisions pertaining to proceeds of the permanent
improvement fund; eliminating provisions related to beginning
teacher internship; replacing requirement for annual summary and
submission of certain county board policies with requirement for
state board to review and evaluate certain reports and report to
legislative oversight commission; modifying effective date for
certain school calendar amendments; providing reimbursement in
certain circumstances for county board costs of probation officers
for truant juveniles; reducing percent of increase in local share
added to allowance to improve instructional programs; requiring
certain funds available for use for personnel to be used for only
certain personnel subject to certain condition; increasing percent
of increase in local share added for instructional technology purposes; changing purpose to county and school strategic
improvement plans; changing method of allocation to counties;
expanding provisions pertaining to suspension or dismissal of West
Virginia Schools for the Deaf and the Blind teachers to include
auxiliary and service personnel; and allowing the state board to
employ a hearing examiner to preside at the taking of evidence.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3157) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 3160, Providing for a pilot initiative on
governance of schools jointly established by adjoining counties.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3160) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. Eng. House Bill No. 3161, Repealing section relating to
additional fee to be collected for each marriage license issued.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3161) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of Eng. Com. Sub. for House Bill No. 2805, Making the West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot
Program a permanent program.
On third reading, coming up in deferred order, was again
reported by the Clerk.
Senator Barnes requested unanimous consent to offer an
amendment to the bill on third reading.
Which consent was not granted, Senator Wells objecting.
Senator Barnes then moved to amend the bill on third reading.
On this question, the yeas were: Barnes, Blair, Carmichael,
Cole, Cookman, M. Hall, Nohe, Sypolt and Walters--9.
The nays were: Beach, Boley, Cann, Chafin, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Tucker,
Unger, Wells, Williams, Yost and Kessler (Mr. President)--25.
Absent: None.
So, two thirds of all the members present and voting not
having voted in the affirmative, the President declared Senator
Barnes aforestated motion had not prevailed.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2805) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Beach, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--30.
The nays were: Barnes, Blair, M. Hall and Nohe--4.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2805) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Action as to Engrossed Committee Substitute for House Bill No.
2805 having been concluded, the Senate proceeded to the
consideration of Eng. House Bill No. 2814, Relating to human trafficking.
On third reading, coming up in deferred order, was again
reported by the Clerk.
At the request of Senator Palumbo, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Palumbo, the following
amendment to the bill was reported by the Clerk and adopted:
On page four, section seventeen, after line twenty-three, by
adding the following:
No victim of human trafficking seeking relief under this
subsection shall be required to prove her or she has rehabilitated himself or herself in order to obtain expungement.
The bill, as just amended, was ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 2814) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2814) passed.
At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported
Judiciary committee amendment to the title of the bill was
withdrawn.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:Eng. House Bill No. 2814--A Bill to amend and reenact §61-2-17
of the Code of West Virginia, 1931, as amended; relating to human
trafficking; modifying definitions of human trafficking and sex
trafficking of adults; authorizing civil cause of action and
attorney fees for victims of human trafficking; specifying that a victim of human trafficking is a victim under the West Virginia
Crime Victims Compensation Act; and providing a procedure for
expunging certain prostitution convictions.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Unger, the Senate recessed until 3:15
p.m. today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Unger, and by unanimous consent, returned to
the second order of business and the introduction of guests.
The Senate again proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Senate Bill No. 507, Relating to PERS and State Police
Retirement System contribution rates.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page two, after the article heading, by inserting a new
section, designated section eighteen-a, to read as follows:§5-10-18a. Reinstatement of service credit for elected officials.Notwithstanding any provision of this code to the contrary,
the reelection of an elected official resulting in a new term of
the same or a different office constitutes return to employment for
purposes of reinstating previously withdrawn service authorized by
section eighteen of this article.;
On page six, section five, after line forty-five, by adding a
new section, designated section thirty-five-b, to read as follows:

CHAPTER 18. EDUCATION.

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.§18-7A-35b. Temporary early retirement incentives program;
legislative declarations and findings; termination
date. Under the prior enactment of this section, the Legislature
found and declared that a compelling state interest existed in
providing a temporary, early retirement incentives program for
encouraging the early, voluntary retirement of those public
employees who were current, active, contributing members of this
retirement system on April 1, 1988, in the reduction of the number
of the employees and in reduction of governmental costs for the
employees. The Legislature further found that maintaining an
actuarily sound retirement fund is essential and that the
reemployment in any manner, including reemployment on a contract
basis, by the state of any person who retired under this section is
contrary to the intent of the early retirement program and severely
threatens the fiscal integrity of the retirement fund. The early retirement program under the prior enactment of this section,
offered employees three retirement incentive options. Any person
who retired under the provisions of the prior enactment of this
section are subject to the restrictions contained in this section.
(a) For the purposes of this section: (1) "Contract" means
any personal service agreement, not involving the sale of
commodities, that cannot be performed within sixty days or for
which the total compensation exceeds $7,500 in any twelve-month
period. The term "contract" does not include any agreement
obtained by a retirant through a bidding process and which is for
the furnishing of any commodity to a government agency; (2)
"governmental entity" means the state of West Virginia; a
constitutional branch or office of the state government, or any
subdivision of state government; a county, city or town in the
state; a county board of education; a separate corporation or
instrumentality established pursuant to a state statute; any other
entity currently permitted to participate in any state public
retirement system or the public employees insurance agency; or any
officer or official of any entity listed in this subsection who is
acting in his or her official capacity; (3) "substitute teacher"
means a teacher, public school librarian, registered professional
nurse employed by the county board of education or any other person
employed for counseling or instructional purposes in a public
school in this state who is temporarily fulfilling the duties of an
existing person employed in a specific position who is temporarily
absent from that specific position; and (4) "part-time elected or appointed office" means any elected or appointed office that
compensates its members in an amount less than $2,500 or requires
less than sixty days of service in any twelve-month period.
(b) Any member who participated in the retirement incentive
program under the prior enactment of this section is not eligible
to accept further employment or accept, directly or indirectly,
work on a contract basis from a governmental entity: Provided,
That the executive director may approve, upon written request for
good cause shown, an exception allowing a retirant to perform work
on a contract basis: Provided, however, That a person may retire
under this section and thereafter serve in an elective office:
Provided further, That he or she shall not receive the incentive
option he or she elected under the prior enactment of this section
during the term of service in that office for which the total
compensation exceeds $7,500, but shall receive his or her annuity
calculated on regular basis, as if originally taken not under the
prior enactment of this section but on a regular basis. At the end
of the term and cessation of service in the office, the incentive
option resumes. In respect of an appointive office, as
distinguished from an elective office, any person retiring under
this section and thereafter serving in the appointive office for
which the total compensation exceeds $7,500 shall not receive the
incentive option he or she elected under the prior enactment of
this section during the term of service in that office, but the
incentive option resumes during that period: And provided further,
That at the end of the term and cessation of service in the appointive office the incentive option provided for under the prior
enactment of this section resumes: And provided further, That any
person elected or appointed to office by the state or any of its
political subdivisions who waives whatever salary, wage or per diem
compensation he or she may be entitled to by virtue of service in
that office and who does not receive any income from service in
that office except the reimbursement of out-of-pocket costs and
expenses that are permitted by the statutes governing the office
shall continue to receive the incentive option he or she elected
under this section. The service may not be counted as contributed
or credited service for purposes of computing retirement benefits.
(c) If the elected or appointed office is a part-time elected
or appointed office, a person electing retirement under this
section may serve in the elective or appointive office with no loss
of the benefits provided under the prior enactment of this section.
(d) Prior to the initiation or renewal of any contract for
which the total compensation exceeds seven thousand five hundred
dollars and entered into pursuant to this section or the acceptance
of any elective or appointive office for which the total
compensation exceeds seven thousand five hundred dollars, a person
who has elected to retire under the early retirement provisions of
the prior enactment of this section shall complete a disclosure and
waiver statement executed under oath and acknowledged by a notary
public. The board shall propose rules for promulgation, pursuant
to article three, chapter twenty-nine-a of this code, regarding the
form and contents of the waiver and disclosure statement. The disclosure and waiver statement shall be forwarded to the
appropriate state public retirement system administrator who shall
take action to ensure that the early retirement incentive option
benefit is reduced in accordance with the provisions of this
section. The administrator shall then certify that action in
writing to the appropriate governmental entity.
(e) In any event, an eligible member who retired under the
prior enactment of this section may continue to receive his or her
incentive annuity and be employed as a substitute teacher, as
adjunct faculty, as a school service personnel substitute, or as a
part-time member of the faculty of southern West Virginia community
college or West Virginia northern community college: Provided,
That the board of directors determines that the part-time
employment is in accordance with policies to be adopted by the
board regarding adjunct faculty. For purposes of this section, a
"part-time member of the faculty" means an individual employed
solely to provide instruction for not more than twelve college
credits per semester.
(f) Any incentive retirants, under the prior enactment of this
section, may not receive an annuity and enter or reenter any
governmental retirement system established or authorized to be
established by the state, notwithstanding any provision of the code
to the contrary, unless required by constitutional provision.
(g) The additional annuity allowed for temporary early
retirement is intended to be paid from the retirement incentive
account created as a special account in the state treasury and from the funds in the special account established with moneys required
to be applied or transferred by heads of spending units from the
unused portion of salary and fringe benefits in their budgets
accruing in respect to the positions vacated and subsequently
canceled under this temporary early retirement program. Salary and
fringe benefit moneys actually saved in a particular fiscal year
constitute the fund source. No additional annuity shall be
disallowed even though initial receipts may not be sufficient, with
funds of the system to be applied for the purpose, as for the base
annuity.
(h) The executive secretary of the retirement system shall
file a quarterly report to the Legislature detailing the number of
retirees who have elected to accept early retirement incentive
options, the dollar cost to date by option selected, and the
projected annual cost through the year two thousand.
(i) Termination of temporary retirement incentives program. --
The right to retire under this section terminated on June 30, 1989.(j) The benefits paid or received by any individual who has
elected to retire and his or her continued right to receive any
annuity under this the provisions of this section or article may
not be reduced or affected by his or her election to public office
after retirement. The options available for any such individual to
receive compensation for elected office while continuing to receive
retirement annuities and benefits shall be determined pursuant to
the provisions of section forty-eight, article ten, chapter five of
this code. The provisions of this subsection shall be effective retroactively.;
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §5-10-31 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §5-10-18a; that §15-2A-5 of said
code be amended and reenacted; and that §18-7A-35b of said code be
amendment and reenacted, all to read as follows:;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 507--A Bill to amend and reenact §5-10-31
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto a new section, designated §5-10-18a; to amend and
reenact §15-2A-5 of said code; and to amend and reenacted §18-7A-
35b of said code, all relating to retirement systems and benefits;
clarifying the impact of reelection of an elected official for the
purposes of reinstating previously withdrawn service; clarifying
the impact of serving as an elected public official after taking
certain early retirement options from the state teachers retirement
system; retiring under from certain removing the requirement to set
employer contribution rate for the Public Employees Retirement
System and the State Police Retirement System by legislative rule;
and clarifying funding rate which affects employee contribution
rate in State Police Retirement System.
On motion of Senator Unger, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 507) and
requested the House of Delegates to recede therefrom. Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein. A message from The Clerk of the House of Delegates announced
that that body had refused to recede from its amendments, and
requested the appointment of a committee of conference of three
from each house on the disagreeing votes of the two houses, as toEng. Senate Bill No. 623, Relating to funding for probation
officers to address truancy.
The message further announced the appointment of the following
conferees on the part of the House of Delegates:
Delegates Stowers, Campbell and Pasdon.
On motion of Senator Unger, the Senate agreed to the
appointment of a conference committee on the bill.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Plymale, Chafin and Cole.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. The Senate proceeded to the sixth order of business, which
agenda includes the making of main motions.
On motion of Senator Unger, the Senate requested the return
from the House of Delegates of Eng. Com. Sub. for House Bill No. 2805, Making the West
Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program a permanent program.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2805) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence in the changed
effective date.
On motion of Senator Unger, the Senate requested the return
from the House of Delegates of Eng. Com. Sub. for House Bill No. 2738, Relating to the Center
for Nursing.
Passed by the Senate in prior proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered its action
by which in earlier proceedings today it adopted the Education committee amendment to the title of the bill (shown in the Senate
Journal of today, pages 89 and 90).
The question again being on the adoption of the Education
committee amendment to the title of the bill.
Thereafter, at the request of Senator Plymale, as chair of the
Committee on Education, and by unanimous consent, the Education
committee amendment to the title of the bill was withdrawn.
On motion of Senator Unger, the Senate reconsidered the vote
as to the passage of the bill (Eng. Com. Sub. for H. B. No. 2738).
The vote thereon having been reconsidered,
On motion of Senator Unger, the Senate reconsidered its action
by which on yesterday, Friday, April 16, 2013, it adopted the
Education committee amendment to the bill (shown in the Senate
Journal of that day, pages 313 through 326, inclusive).
The question again being on the adoption of the Education
committee amendment to the bill.
On motion of Senator Plymale, the following amendment to the
Education committee amendment to the bill was reported by the Clerk
and adopted:
On page nine, section four, by striking out all of subsection
(c) and inserting in lieu thereof a new subsection, designated
subsection (c), to read as follows:
(c) In consultation with the board of directors of the West
Virginia Center for Nursing, established pursuant to article seven-
b, chapter thirty of this code, the commission shall administer a
financial aid program designed to benefit nurses who practice in hospitals and other health care institutions or teach in state
nursing programs. Awards shall be made as follows, subject to the
terms of the rule provided for in this section:
(A) An award of at least $3,000 for a student in an approved
LPN nursing program located in the state. The student shall be
required to practice in West Virginia for at least one year;
(B) An award of at least $7,500 for a student who has
completed half of an approved RN nursing program located in West
Virginia. A recipient shall be required to teach or practice in
West Virginia for at least two years.
(C) An award of at least $15,000 to a student in a nursing
education master's degree program or doctoral student in an
approved nursing program located in West Virginia who shall be
required to teach in the state for at least two years.
The question now being on the adoption of the Education
committee amendment to the bill, as just amended, the same was put
and prevailed.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2738) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2738) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2738--A Bill to repeal §30-
7B-8 of the Code of West Virginia, 1931, as amended; to amend and
reenact §18C-3-2 and §18C-3-3 of said code; to amend said code by
adding thereto a new section, designated §18C-3-4; and to amend and
reenact §30-7B-2, §30-7B-3, §30-7B-4, §30-7B-5, §30-7B-6, §30-7B-7
and §30-7B-9 of said code, all relating generally to administration
of financial aid and higher education scholarship programs by the
Higher Education Policy Commission; redesignating the Health
Sciences Scholarship Program as the Health Science Service Program;
expanding program eligibility and award amounts; redefining
medically underserved areas; providing state aid for certain
students pursuing certain degrees; requiring a service commitment
to state and setting forth alternatives to service; requiring
legislative rules and specifying rule provisions; continuing Center
for Nursing and placing it under supervision of the Higher
Education Policy Commission; moving the Center for Nursing special
revenue account to the Higher Education Policy Commission; updating
provisions regarding funding of the special revenue account;
updating the powers and duties of the Center for Nursing;
reorganizing the center's board of directors, updating membership and powers and duties of the board; authorizing reimbursement for
board members' actual and necessary expenses; requiring annual
reports to the Legislative Oversight Commission on Health and Human
Resources Accountability and the Legislative Oversight Commission
on Education Accountability; providing for financial aid programs
to benefit nurses who teach or practice in West Virginia; setting
out minimum financial aid amounts for nurses; establishing
conditions for receipt of financial aid for nursing students;
providing for reimbursement by nursing students who fail to meet
service requirements for receipt of financial aid; defining terms;
deleting obsolete language; and making technical changes.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2013, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Senate Bill No. 82, Requiring rate-paying residential
customer on public service board.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §16-13A-3 and §16-13A-4 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:ARTICLE 13A. PUBLIC SERVICE DISTRICTS.§16-13A-3. District to be a public corporation and political
subdivision; powers thereof; public service boards.
From and after the date of the adoption of the order creating
any public service district, it is a public corporation and
political subdivision of the state, but without any power to levy
or collect ad valorem taxes. Each district may acquire, own and
hold property, both real and personal, in its corporate name, and
may sue, may be sued, may adopt an official seal and may enter into
contracts necessary or incidental to its purposes, including
contracts with any city, incorporated town or other municipal
corporation located within or without its boundaries for furnishing
wholesale supply of water for the distribution system of the city,
town or other municipal corporation, or for furnishing storm water
services for the city, town or other municipal corporation, and
contract for the operation, maintenance, servicing, repair and
extension of any properties owned by it or for the operation and
improvement or extension by the district of all or any part of the
existing municipally owned public service properties of any city,
incorporated town or other municipal corporation included within
the district: Provided, That no contract shall extend beyond a
maximum of forty years, but provisions may be included therein for a renewal or successive renewals thereof and shall conform to and
comply with the rights of the holders of any outstanding bonds
issued by the municipalities for the public service properties.
The powers of each public service district shall be vested in
and exercised by a public service board consisting of not less than
three members who shall be persons residing within the district,
who possess certain educational, business or work experience which
will be conducive to operating a public service district. In the
event the public service district is providing any utility service
and billing rates and charges to its customers, at least one board
member shall be a rate-paying residential customer of the public
service district: Provided, That if an existing public service
board does not have a member who is a rate-paying residential
customer of the public service district on July 1, 2013, the next
following appointment to the board shall be a rate-paying
residential customer of that public service district. For purposes
of this section, "rate-paying residential customer" means a person
who:
_____(1) In the case of a water or sewer public service district,
is physically connected to and actively receiving residential
public service district utility services; or
_____(2) In the case of a storm water public service district, has
storm water conveyed away from the residential property by a
utility owned system; and
_____(3) Has an active account in good standing and is the occupier
of the residential property which is on the public service district utility service account.
Each board member shall, within six months of taking office,
successfully complete the training program to be established and
administered by the Public Service Commission in conjunction with
the DivisionDepartment of Environmental Protection and the Bureau
for Public Health. Board members shall not be or become
pecuniarily interested, directly or indirectly, in the proceeds of
any contract or service, or in furnishing any supplies or materials
to the district nor shall a former board member be hired by the
district in any capacity within a minimum of twelve months after
board member's term has expired or such board member has resigned
from the district board. The members shall be appointed in the
following manner:
Each city, incorporated town or other municipal corporation
having a population of more than three thousand but less than
eighteen thousand is entitled to appoint one member of the board,
and each city, incorporated town or other municipal corporation
having a population in excess of eighteen thousand shall be
entitled to appoint one additional member of the board for each
additional eighteen thousand population. The members of the board
representing such cities, incorporated towns or other municipal
corporations shall be residents thereof and shall be appointed by
a resolution of the governing bodies thereof and upon the filing of
a certified copy or copies of the resolution or resolutions in the
office of the clerk of the county commission which entered the
order creating the district, the persons so appointed become members of the board without any further act or proceedings. If
the number of members of the board so appointed by the governing
bodies of cities, incorporated towns or other municipal
corporations included in the district equals or exceeds three, then
no further members shall be appointed to the board and the members
so appointed are the board of the district except in cases of
merger or consolidation where the number of board members may equal
five.
If no city, incorporated town or other municipal corporation
having a population of more than three thousand is included within
the district, then the county commission which entered the order
creating the district shall appoint three members of the board, who
are persons residing within the district and residing within the
State of West Virginia, which three members become members of the
board of the district without any further act or proceedings except
in cases of merger or consolidation where the number of board
members may equal five.
If the number of members of the board appointed by the
governing bodies of cities, incorporated towns or other municipal
corporations included within the district is less than three, then
the county commission which entered the order creating the district
shall appoint such additional member or members of the board, who
are persons residing within the district, as is necessary to make
the number of members of the board equal three except in cases of
merger or consolidation where the number of board members may equal
five, and the member or members appointed by the governing bodies of the cities, incorporated towns or other municipal corporations
included within the district and the additional member or members
appointed by the county commission as aforesaid, are the board of
the district. A person may serve as a member of the board in one
or more public service districts.
The population of any city, incorporated town or other
municipal corporation, for the purpose of determining the number of
members of the board, if any, to be appointed by the governing body
or bodies thereof, is the population stated for such city,
incorporated town or other municipal corporation in the last
official federal census.
Notwithstanding any provision of this code to the contrary,
whenever a district is consolidated or merged pursuant to section
two of this article, the terms of office of the existing board
members shall end on the effective date of the merger or
consolidation. The county commission shall appoint a new board
according to rules promulgated by the Public Service Commission.
Whenever districts are consolidated or merged no provision of this
code prohibits the expansion of membership on the new board to
five.
The respective terms of office of the members of the first
board shall be fixed by the county commission and shall be as
equally divided as may be, that is approximately one third of the
members for a term of two years, a like number for a term of four
years, the term of the remaining member or members for six years,
from the first day of the month during which the appointments are made. The first members of the board appointed as aforesaid shall
meet at the office of the clerk of the county commission which
entered the order creating the district as soon as practicable
after the appointments and shall qualify by taking an oath of
office: Provided, That any member or members of the board may be
removed from their respective office as provided in section three-a
of this article.
Any vacancy shall be filled for the unexpired term within
thirty days; otherwise successor members of the board shall be
appointed for terms of six years and the terms of office shall
continue until successors have been appointed and qualified. All
successor members shall be appointed in the same manner as the
member succeeded was appointed. The district shall provide to the
Public Service Commission, within thirty days of the appointment,
the following information: The new board member's name, home
address, home and office phone numbers, date of appointment, length
of term, who the new member replaces and if the new appointee has
previously served on the board. The Public Service Commission
shall notify each new board member of the legal obligation to
attend training as prescribed in this section.
The board shall organize within thirty days following the
first appointments and annually thereafter at its first meeting
after January 1 of each year by selecting one of its members to
serve as chair and by appointing a secretary and a treasurer who
need not be members of the board. The secretary shall keep a
record of all proceedings of the board which shall be available for inspection as other public records. Duplicate records shall be
filed with the county commission and shall include the minutes of
all board meetings. The treasurer is lawful custodian of all funds
of the public service district and shall pay same out on orders
authorized or approved by the board. The secretary and treasurer
shall perform other duties appertaining to the affairs of the
district and shall receive salaries as shall be prescribed by the
board. The treasurer shall furnish bond in an amount to be fixed
by the board for the use and benefit of the district.
The members of the board, and the chair, secretary and
treasurer thereof, shall make available to the county commission,
at all times, all of its books and records pertaining to the
district's operation, finances and affairs, for inspection and
audit. The board shall meet at least monthly.§16-13A-4. Board chairman; members' compensation; procedure;
district name.
(a) The chairman shall preside at all meetings of the board
and may vote as any other member of the board. If the chairman is
absent from any meeting, the remaining members may select a
temporary chairman and if the member selected as chairman resigns
as such or ceases for any reason to be a member of the board, the
board shall select one of its members as chairman to serve until
the next annual organization meeting.
(b) Salaries of the board members are:
(1) For districts with fewer than six hundred customers, up to
$75$100 per attendance at regular monthly meetings and $50$75 per attendance at additional special meetings, total salary not to
exceed $1,500$2,000 per annum;
(2) For districts with six hundred customers or more but fewer
than two thousand customers, up to $100$125 per attendance at
regular monthly meetings and $75$100 per attendance at additional
special meetings, total salary not to exceed $2,500$3,250 per
annum;
(3) For districts with two thousand customers or more, but
fewer than four thousand customers, up to $125$150 per attendance
at regular monthly meetings and $75$100 per attendance at
additional special meetings, total salary not to exceed $3,750
$4,500 per annum; and
(4) For districts with four thousand or more customers, up to
$150$200 per attendance at regular monthly meetings and $100$150
per attendance at additional special meetings, total salary not to
exceed $5,400$6,400 per annum.
The public service district shall certify the number of
customers served to the Public Service Commission beginning on July
1 1986, and continueof each fiscal year. thereafter.
(c) Public service districts selling water to other water
utilities for resale or public service districts which provide
sewer treatment for other sewer utilities may adopt the following
salaries for its board members:
(1) For districts with annual revenues of less than $50,000,
up to $75$100 per attendance at regular monthly meetings and $50
$75 per attendance at additional special meetings, total salary not to exceed $1,500$2,000 per annum;
(2) For districts with annual revenues of $50,000 or more, but
less than $250,000, up to $100$125 per attendance at regular
monthly meetings and $75$100 per attendance at special meetings,
total salary not to exceed $2,500$3,250 per annum;
(3) For districts with annual revenues of $250,000 or more,
but less than $500,000, up to $125$150 per attendance at regular
monthly meetings and $75$100 per attendance at additional special
meetings, total salary not to exceed $3,750$4,500 per annum; and
(4) For districts with annual revenues of $500,000 or more, up
to $150$200 per attendance at regular monthly meetings and $100
$150 per attendance at additional special meetings, total salary
not to exceed $5,400$6,400 per annum.
The public service district shall certify the number of
customers served and its annual revenue to the Public Service
Commission beginning on July 1 2000, and continueof each fiscal
year. thereafter.
(d) Board members may be reimbursed for all reasonable and
necessary expenses actually incurred in the performance of their
duties as provided for by the rules of the board. Notwithstanding
any other provision of this code to the contrary, board members are
not eligible for salary payment or reimbursement for expenses
incurred prior to the public service district initiating service to
its first customer. Salary and reimbursement for expenses may be
incurred only at meetings occurring after the public service
district initiated service to customers.
(e) The board shall by resolution determine its own rules of
procedure, fix the time and place of its meetings and the manner in
which special meetings may be called. Public notice of meetings
shall be given in accordance with section three, article nine-a,
chapter six of this code. Emergency meetings may be called as
provided for by saidthat section. A majority of the members
constituting the board also constitute a quorum to do business.
(f) The members of the board are not personally liable or
responsible for any obligations of the district or the board, but
are answerable only for willful misconduct in the performance of
their duties. The county commission which created a district or
county commissions if more than one created the district may, upon
written request of the district, adopt an order changing the
official name of a public service district: Provided, That suchthe
name change will not be effective until approved by the Public
Service Commission of West Virginia and the owners of any bonds and
notes issued by the district, if any, shall have consented, in
writing, to the name change. If a district includes territory
located in more than one county, the county commission or county
commissions changing the name of the district shall provide any
county commission into which the district also extends with a
certified copy of the order changing the name of the district. The
official name of any district created under the provisions of this
article may contain the name or names of any city, incorporated
town or other municipal corporation included therein or the name of
any county or counties in which it is located.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 82--A Bill to amend and reenact §16-13A-3
and §16-13A-4 of the Code of West Virginia, 1931, as amended, all
relating to public service district board membership; requiring a
public service board to have at least one rate-paying residential
customer of the public service district on the board; increasing
the salary of public service district board members; clarifying
when salary and expenses payments may be made; and adding sewer
service to the salary schedule for public service districts which
contract with others to provide service.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 82, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 82) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 82) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Senate Bill No. 194, Repealing code relating to Medicaid
program contract procedure.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §9-2-9b of the Code of West Virginia, as amended, be
repealed; and to amend and reenact §9-2-6 of said code to read as
follows:ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-6. Powers of secretary.
Within limits of state appropriations and federal grants and
subject to provisions of state and federal laws and regulations,
the secretary, in addition to all other powers, duties and
responsibilities granted and assigned to that office in this
chapter and elsewhere by law, is authorized and empowered to:
(1) Promulgate, amend, revise and rescind department rules
respecting the organization and government of the department and
the execution and administration of those powers, duties and
responsibilities granted and assigned by this chapter and elsewhere
by law to the department and the secretary.
(2) Promulgate, amend, revise and rescind department rules and
regulations respecting qualifications for receiving the different
classes of welfare assistance consistent with or permitted by
federal laws, rules and policies, but not inconsistent with state
law: Provided, That such rules and policies respecting
qualifications shall permit the expenditure of state funds to pay
for care rendered in any birthing center licensed under the
provisions of article two-e, chapter sixteen of this code by a licensed nurse midwife or midwife as this occupation is defined in
section one, article fifteen, chapter thirty of this code and which
care is within the scope of duties for such licensed nurse midwife
or midwife as permitted by the provisions of section seven of said
article.
(3) Obtain by purchase or lease such grounds, buildings,
office or other space, equipment, facilities and services as may be
necessary for the execution and administration of those powers,
duties and responsibilities granted and assigned by this chapter
and elsewhere by law to the department and the secretary.
(4) Sign and execute in the name of the state by the State
Department of Health and Human Resources any contract or agreement
with the federal government or its agencies, other states,
political subdivisions of this state, corporations, associations,
partnerships or individuals: Provided, That the provisions of
article three, chapter five-a are followed.
_____(5) Sign and execute a contract to implement professional
health care, managed care, actuarial and health care-related
monitoring, quality review/utilization, claims processing and
independent professional consultant contracts for the Medicaid
program: Provided, That the provisions of article three, chapter
five-a are followed: Provided, however, That a contract awarded
under the agency purchasing process from April 1, 2009, to January
2, 2013, remains in full force and effect and the secretary retains
sole authority to review, approve and issue changes to contracts
issued under the former purchasing process, and is responsible for challenges, disputes, protests and legal actions related to such
contracts.
_____(5)(6) Establish such special funds as may be required by the
federal Social Security Act, as amended, or by any other Act or
Acts of Congress, in order for this state to take full advantage of
the benefits and provisions thereof relating to the federal-state
assistance and federal assistance programs administered by the
department and to make payments into and disbursements out of any
such special fund or funds in accordance with the requirements of
the federal Social Security Act, as amended, or any other Act or
Acts of Congress, and in accordance with applicable state law and
the objects and purposes of this chapter. In addition, the State
Department of Health and Human Resources, through the secretary, is
hereby authorized to accept any and all gifts or grants, whether in
money, land, services or materials, which gift or gifts, if in the
form of moneys, shall be placed in a separate fund and expended
solely for the purpose of public assistance programs. No part of
this special fund shall revert to the General Revenue Funds of this
state. No expenses incurred pursuant to this special fund shall be
a charge against the General Funds of this state.(6)(7) Establish within the department an Office of Inspector
General for the purpose of conducting and supervising
investigations and for the purpose of providing quality control for
the programs of the department. The Office of Inspector General
shall be headed by the Inspector General who shall report directly
to the secretary. Neither the secretary nor any employee of the department may prevent, inhibit or prohibit the Inspector General
or his or her employees from initiating, carrying out or completing
any investigation, quality control review or other activity
oversight of public integrity by the Office of the Inspector
General. The secretary shall place within the Office of Inspector
General any function he or she deems necessary. Qualification,
compensation and personnel practice relating to the employees of
the Office of the Inspector General, including that of the position
of Inspector General, shall be governed by the classified service
provisions of article six, chapter twenty-nine of this code and
rules promulgated thereunder. The Inspector General shall
supervise all personnel of the Office of Inspector General.(7)(8) Provide at department expense a program of continuing
professional, technical and specialized instruction for the
personnel of the department.(8)(9) Pay from available funds all or part of the reasonable
expenses incurred by a person newly employed by the department in
moving his household furniture, effects and immediate family from
his or her place of residence in this state to his or her place of
employment in this state; and to pay from available funds all or
part of the reasonable expenses incurred by a department employee
in moving his or her household furniture, effects and immediate
family as a result of a reassignment of the employee which is
considered desirable, advantageous to and in the best interests of
the state, but no part of the moving expenses of any one such
employee shall be paid more frequently than once in twelve months or for any movement other than from one place of employment in this
state to another place of employment in this state.(9)(10) Establish a program to provide reimbursement to
employees of the department whose items of personal property, as
defined by the department by policy, are damaged during the course
of employment or other work-related activity as a result of
aggressive behavior by a client or patient receiving services from
the department: Provided, That such reimbursement is limited to a
maximum amount of $250.00 per claim.(10)(11) Establish and maintain such institutions as are
necessary for the temporary care, maintenance and training of
children and other persons.(11)(12) Prepare and submit state plans which will meet the
requirements of federal laws, rules governing federal-state
assistance and federal assistance and which are not inconsistent
with state law.(12)(13) Organize within the department a Board of Review,
consisting of a Chairman appointed by the secretary and as many
assistants or employees of the department as may be determined by
the secretary and as may be required by federal laws and rules
respecting state assistance, federal-state assistance and federal
assistance, such Board of Review to have such powers of a review
nature and such additional powers as may be granted to it by the
secretary and as may be required by federal laws and rules
respecting federal-state assistance and federal assistance.(13)(14) Provide by rules such review and appeal procedures within the Department of Health and Human Resources as may be
required by applicable federal laws and rules respecting state
assistance, federal-state assistance and federal assistance and as
will provide applicants for, and recipients of all, classes of
welfare assistance an opportunity to be heard by the board of
Review, a member thereof, or individuals designated by the board,
upon claims involving denial, reduction, closure, delay or other
action or inaction pertaining to public assistance.(14)(15) Provide by rules, consistent with requirements of
applicable federal laws and rules, application forms and
application procedures for the various classes of public
assistance.(15)(16) Provide locations for making applications for the
various classes of public assistance.(16)(17) Provide a citizen or group of citizens an
opportunity to file objections and to be heard upon objections to
the grant of any class of public assistance.(17)(18) Delegate to the personnel of the department all
powers and duties vested in the secretary, except the power and
authority to sign contracts and agreements.(18)(19) Make such reports in such form and containing such
information as may be required by applicable federal laws and rules
respecting federal-state assistance and federal assistance.(19)(20) Invoke any legal, equitable or special remedies for
the enforcement of the provisions of this chapter.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 194--A Bill to repeal §9-2-9b of the Code
of West Virginia, 1931, as amended; and to amend and reenact §9-2-6
of said Code, relating to contract procedures for Department of
Health and Human Resources; providing that previous contracts
awarded would remain in full force and effect; and eliminating
Department of Health and Human Resources' exemption for contracts
for the Medicaid program from purchasing requirements.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 194, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 194) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 194) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
toEng. Com. Sub. for Senate Bill No. 200, Relating to Eyewitness
Identification Act.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page fourteen, section three, line four, by striking out
the word "section" and inserting in lieu thereof the word
"article".
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 200, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 200) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
toEng. Com. Sub. for Com. Sub. for Senate Bill No. 202, Creating
WV Spay Neuter Assistance Program and Fund.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page three, section two, line three, after the words
"Assistance Fund", by inserting the words "and administered by the
Commissioner of Agriculture".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 202, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 202) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Com. Sub. for Senate Bill No. 250, Authorizing Department
of Commerce promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof, the following:ARTICLE 10. AUTHORIZATION FOR OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.§64-10-1. Development Office.
The legislative rule filed in the Office of the Secretary of
State, authorized under the prior enactment of section twenty-a,
article thirteen-a, chapter eleven of this code, relating to the
Development Office (use of coalbed methane severance tax proceeds,
145 CSR 13), is repealed.§64-10-2. Broadband Deployment Council.
The legislative rule filed in the State Register on August 10,
2012, authorized under the authority of section four, article
fifteen-c, chapter thirty-one of this code, modified by the
Broadband Deployment Council to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on January 22, 2013, relating to the Broadband Deployment
Council (broadband deployment grants programs, 208 CSR 1), is
authorized.§64-10-3. Board of Miners Training, Education and Certification.
The legislative rule filed in the State Register on August 22,
2012, authorized under the authority of section six, article seven,
chapter twenty-two-a of this code, modified by the Board of Miners
Training, Education and Certification to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on December 17, 2012, relating to the Board of Miners
Training, Education and Certification (standards for certification
of coal mine electricians, 48 CSR 7), is authorized.§64-10-4. Division of Natural Resources.
(a) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty of this code, relating to the Division of
Natural Resources (special boating, 58 CSR 26), is authorized.
(b) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section twenty-three,
article seven, chapter twenty of this code, modified by the
Division of Natural Resources to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on October 18, 2012, relating to the Division of Natural
Resources (special motorboating, 58 CSR 27), is authorized.
(c) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty of this code, relating to the Division of
Natural Resources (defining the terms used in all hunting and
trapping rules, 58 CSR 46), is authorized.
(d) The legislative rule filed in the State Register on July 19, 2012, authorized under the authority of section seven, article
one, chapter twenty of this code, relating to the Division of
Natural Resources (prohibitions when hunting and trapping, 58 CSR
47), is authorized.
(e) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty of this code, modified by the Division of
Natural Resources to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
October 18, 2012, relating to the Division of Natural Resources
(deer hunting, 58 CSR 50), is authorized.
(f) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty of this code, relating to the Division of
Natural Resources (general trapping, 58 CSR 53), is authorized.
(g) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty of this code, relating to the Division of
Natural Resources (special waterfowl hunting, 58 CSR 58), is
authorized.
(h) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article
one, chapter twenty of this code, relating to the Division of
Natural Resources (special fishing, 58 CSR 61), is authorized.
(i) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of
Natural Resources to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
October 31, 2012, relating to the Division of Natural Resources
(falconry, 58 CSR 65), is authorized with the following amendments:
On page one, subsection 2.8., after the word "Falconiformes"
by inserting a comma and the words "the Order Accipitriformes";
On page one, after subsection 2.8., by inserting a new
subsection 2.9. to read as follows:
2.9. "Passage" means a first-year raptor that is no longer
dependent upon parental care.;
On page three, by striking out all of subsection 4.5. and
inserting in lieu thereof a new subsection 4.5. to read as follows:
4.5. A permittee may use a falconry to take any bird species
for which there is a depredation order in place in 50 CFR at any
time in accordance with the conditions of the applicable
depredation order. The permittee may not receive any compensation
for depredation activities.; On page four, subdivision 5.3.e., after the word "Falconiform"
by inserting a comma and the word "Accipitriform";
On page six, subdivision 7.2.a., by striking out the word
"Alymeri" and inserting in lieu thereof the word "Aylmeri";
On page eight, by striking out all of subsection 10.1. and
inserting in lieu thereof a new subsection 10.1. to read as
follows:
10.1. A raptor taken, possessed, transported or used for falconry purposes shall be marked with: a seamless, numbered band
issued by the Division for captive-bred birds or a U. S. Fish and
Wildlife Service permanent, non-reusable numbered band issued by
the Division for birds originating from the wild. An ISO
(International Organization for Standardization)-compliant (134.2
kHz) microchip may be implanted in addition to the band.;
On page eight, by striking out all of subsection 10.3. and
inserting in lieu thereof a new subsection 10.3. to read as
follows:
10.3. A permittee must report the loss or removal of any band
within five (5) days by filing a Federal form 3-186A either
electronically or in paper form. Lost bands must be replaced by a
permanent, nonreusable numbered band supplied by the division.
Upon remarking the raptor, the permittee shall immediately complete
and submit a Federal form 3-186A either electronically or on paper
reporting the new band.;
On page nine, by striking out all of subsection 10.6. and
inserting in lieu thereof a new subsection 10.6. to read as
follows:
10.6. A permittee shall remove and surrender to the division
any markers from an intentionally released raptor which is
indigenous to the state. A standard Federal band may be attached
to the birds at the discretion of the division prior to release.;
On page nine, subsection 11.1., by striking out the words
"both the division and the U. S. Fish and Wildlife Service Regional
Law-Enforcement office" and inserting in lieu thereof the words "the division";
And,
On page nine, by striking out all of subsection 11.3. and
inserting in lieu thereof a new subsection 11.3. to read as
follows:
11.3. Resident General or Master Falconers may take from the
wild any species of Falconiform, Accipitriform or Strigiform in
West Virginia except: eagles; peregrine falcon (Falco peregrines);
Northern harrier (Circus cyaneus); northern goshawk (Accipiter
gentilis); American rough-legged hawk (Buteo lagopus); barn owl
(Tyto alba); long-eared owl (Asio otus); short-eared owl (Asio
flammeus); saw-whet owl (Aegolius acadicus); merlin (Falco
columbaris) eyases; and sharp-shinned hawk (Accipiter straitus)
eyases.§64-10-5. Division of Labor.
(a) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section fifteen,
article one-a, chapter forty-seven of this code, modified by the
Division of Labor to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
December 21, 2012, relating to the Division of Labor (bedding and
upholstered furniture, 42 CSR 12), is authorized with the following
amendments:
On page two, following subsection 3.6, by striking subsection
3.7 and renumbering the remaining subsections;
On page two, subsection 3.9, line two, following the word "manufacturing" and the comma, by striking out the word "importing"
and the comma;
On page three, subsection 5.1, line one, following the word
"manufacturing" and the comma, by striking out the word "importing"
and the comma;
On page three, subsection 5.1, line three, following the word
"manufacturer" and the comma, by striking out the word "importer"
and the comma;
On page three, subsection 6.1, line one, following the word
"manufacturer" and the comma, by striking out the word "importer"
and the comma;
On page three, subsection 6.2, line one, following the word
"manufacturer", by striking out the words "or importer";
One page five, subsection 9.3, line one, following the word
"manufacturer" and the comma, by striking out the word "importer"
and the comma;
On page five, subdivision 10.1.1, following the word
"manufacturer", by striking out the words "or importer";
On page ten, appendix C, line sixteen, by striking out the
misspelled word "ADRESS" and inserting the in lieu thereof, the
word "ADDRESS";
On page eleven, appendix D, line twenty, by striking out the
misspelled word "ADRESS" and inserting the in lieu thereof, the
word "ADDRESS";
On page fourteen, appendix G, line fourteen, by striking out
the misspelled word "ADRESS" and inserting the in lieu thereof, the word "ADDRESS";
And,
On page fifteen, appendix H, line thirteen, by striking out
the misspelled word "ADRESS" and inserting the in lieu thereof, the
word "ADDRESS";.
(b) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section three, article
ten, chapter twenty-one of this code, modified by the Division of
Labor to meet the objections of the Legislative Rule-Making Review
Committee and refiled in the State Register on December 21, 2012,
relating to the Division of Labor (Amusement Rides and Amusement
Attractions Safety Act, 42 CSR 17), is authorized with the
following amendments:
On pages three and four, by redesignating subdivisions 4.1.1.,
4.1.2., 4.1.3., 4.1.4., 4.1.5., 4.1.6., 4.1.7., 4.1.8., 4.1.9.,
4.1.10. and 4.1.11., as 4.1.a., 4.1.b., 4.1.c., 4.1.d., 4.1.e.,
4.1.f., 4.1.g., 4.1.h., 4.1.i., 4.1.j. and 4.1.k.;
On page seven, subdivision 9.2.b., line two, after the word
"has", by striking out the word "of";
On page eight, subdivision 10.2.b., line two, after the word
"has", by striking out the word "of";
On page eleven, subsection 17.4, line two, following the words
"report of the", by inserting the word "serious";
On page eleven, subsection 17.5, line one, following the words
"document the", by striking out the word "accident" and inserting
in lieu thereof the words "serious injury or fatality";
On page eleven, subsection 18.1, line two, following the words
"required by", by striking out the words "this section of the rule"
and inserting in lieu thereof the words "sections 15 or 17 of this
rule";
On page eleven, subsection 18.1, line three, following the
word "cessation" and the comma, by striking out the words "imminent
danger notification" and the comma;
On page twelve, subsection 19.4, line three, following the
word "operation", by striking the words "is prohibited" and
inserting a colon;
On page twelve, by redesignating subdivisions 19.4.1 and
19.4.2 as 19.4.a. and 19.4.b.;
And,
On page twelve, by redesignating paragraphs 19.4.2.1.,
19.4.2.2., 19.4.2.3., 19.4.2.4., 19.4.2.5., 19.4.2.6. as 19.4.b.1.,
19.4.b.2., 19.4.b.3., 19.4.b.4., 19.4.b.5., 19.4.b.6.
(c) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section eleven, article
three-c, chapter twenty-one of this code, modified by the Division
of Labor to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on December 21,
2012, relating to the Division of Labor (supervision of elevator
mechanics and apprentices, 42 CSR 21A), is authorized, with the
following amendments:
On page two, subsection 5.1., by un-striking the word "may"
and striking out the word "shall";
On page two, subsection 5.2., by un-striking the word "may"
and striking out the word "shall";
And,
On page six, subsection 9.2, line two, after the word "with",
by striking out the word "the".
(d) The legislative rule filed in the State Register on August
31, 2012, authorized under the authority of section three, article
three-d, chapter twenty-one of this code, modified by the Division
of Labor to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on December 21,
2012, relating to the Division of Labor (Crane Operator
Certification Act, 42 CSR 24), is authorized with the following
amendment:
On page two, subsection 3.4, line four, following the word
"November", by striking out "10" and inserting in lieu thereof
"14".
(e) The legislative rule filed in the State Register on August
21, 2012, authorized under the authority of section three, article
three-d, chapter twenty-one of this code, relating to the Division
of Labor (Crane Operator Certification Act - practical examination,
42 CSR 25), is authorized with the following amendments:
On page two, subsection 3.4, line five, following the word
"November", by striking out "10" and inserting in lieu thereof
"14";
And,
On page three, line fifteen, after the stricken subdivision designation 4.5.d., by inserting the subdivision designation
4.4.d.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 250--A Bill to amend and
reenact article 10, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Commerce; legislative
mandate or authorization for the promulgation of certain
legislative rules by various executive or administrative agencies
of the state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee and
as amended by the Legislature; repealing the Development Office to
promulgate a legislative rule relating to the use of coalbed
methane severance tax proceeds; authorizing the Broadband
Deployment Council to promulgate a legislative rule relating to
broadband deployment grants programs; authorizing the Board of
Miner Training, Education and Certification to promulgate a
legislative rule relating to the standards for certification of coal mine electricians; authorizing the Division of Natural
Resources to promulgate a legislative rule relating to special
boating; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to special motorboating;
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to defining the terms used in all hunting
and trapping rules; authorizing the Division of Natural Resources
to promulgate a legislative rule relating to prohibitions when
hunting and trapping; authorizing the Division of Natural Resources
to promulgate a legislative rule relating to deer hunting;
authorizing the Division of Natural Resources to promulgate a
legislative rule relating to general trapping; authorizing the
Division of Natural Resources to promulgate a legislative rule
relating to special waterfowl hunting; authorizing the Division of
Natural Resources to promulgate a legislative rule relating to
special fishing; authorizing the Division of Natural Resources to
promulgate a legislative rule relating to falconry; authorizing the
Division of Labor to promulgate a legislative rule relating to
bedding and upholstered furniture; authorizing the Division of
Labor to promulgate a legislative rule relating to the Amusement
Rides and Amusement Attractions Safety Act; authorizing the
Division of Labor to promulgate a legislative rule relating to the
supervision of elevator mechanics and apprentices; authorizing the
Division of Labor to promulgate a legislative rule relating to the
Crane Operator Certification Act; and authorizing the Division of
Labor to promulgate a legislative rule relating to the Crane Operator Certification Act - practical examination.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 250, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 250) passed with its House of Delegates
amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 250) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
toEng. Com. Sub. for Senate Bill No. 355, Relating to final wage
payment to discharged employees.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page two, section four, lines fourteen and fifteen, by
striking out the words "a day on which state offices are open for
regular business" and inserting in lieu thereof the words "any day
other than Saturday, Sunday or any legal holiday as set forth in
section one, article two, chapter two of this code".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 355, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 355) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 369, Relating to concealed
handgun license reciprocity.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 7. DANGEROUS WEAPONS.§61-7-6. Exceptions as to prohibitions against carrying concealed
handguns; exemptions from licensing fees.(a) The licensure provisions set forth in this article do not
apply to:
(1) Any person carrying:
_____(A) Carrying a deadly weapon upon his or her own premises; nor
shall anything herein prevent a person from carrying any(B) Carrying a firearm, unloaded, from the place of purchase
to his or her home, residence or place of business or to a place of
repair and back to his or her home, residence or place of business;
nor shall anything herein prohibit a person from possessingor
_____(C) Possessing a firearm while hunting in a lawful manner or
while traveling from his or her home, residence or place of
business to a hunting site and returning to his or her home,
residence or place of business;
(2) Any person who is a member of a properly organized
target-shooting club authorized by law to obtain firearms by
purchase or requisition from this state or from the United States
for the purpose of target practice from carrying any pistol, as
defined in this article, unloaded, from his or her home, residence
or place of business to a place of target practice and from any
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;
(3) Any law-enforcement officer or law-enforcement official as
defined in section one, article twenty-nine, chapter thirty of this
code;
(4) Any employee of the West Virginia Division of Corrections
duly appointed pursuant to the provisions of section fiveeleven-c,
article fiveone, chapter twenty-eighttwenty-five of this code
while the employee is on duty;
(5) Any member of the armed forces of the United States or the
militia of this state while the member is on duty;(6) Any circuit judge, including any retired circuit judge
designated senior status by the Supreme Court of Appeals of West
Virginia, prosecuting attorney, assistant prosecuting attorney or
a duly appointed investigator employed by a prosecuting attorney;(7)(6) Any resident of another state who holds a valid permit
or license to possess or carry a concealed weaponhandgun issued by
a state or a political subdivision which has entered into a
reciprocity agreement with this state, subject to the provisions
and limitations set forth in section six-a of this article;(8)(7) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer's duty; and(9)(8) Any Hatfield-McCoy Regional Recreation Authority
Ranger while the ranger is on duty; and
_____(9) Any parole officer appointed pursuant to section fourteen
article twelve, chapter sixty-two of this code in the performance
of their duties.(b) On and after July 1, 2013, the following judicial officers
and prosecutors and staff shall be exempted from paying any
application fees or licensure fees required under this article. However, on and after that same date, they shall be required to
make application and satisfy all licensure and handgun safety and
training requirements set forth in section four of this article
before carrying a concealed handgun in this state:
_____(1) Any justice of the Supreme Court of Appeals of West
Virginia;
_____(2) Any circuit judge;
_____(3) Any retired justice or retired circuit judge designated
senior status by the Supreme Court of Appeals of West Virginia;
_____(4) Any family court judge;
_____(5) Any magistrate;
_____(6) Any prosecuting attorney;
_____(7) Any assistant prosecuting attorney; or
_____(8) Any duly appointed investigator employed by a prosecuting
attorney.
__________§61-7-6a. Reciprocity and recognition; out-of-state concealed
handgun permits.
(a) A holder of a valid out-of-state permit or license to
possess or carry a concealed handgun as issued by another state
with which the State of West Virginia has executed a reciprocity
agreement shall be recognized asis valid in this state for the
carrying of a concealed handgun, if the following conditions are
met:
(1) The permit or license holder is twenty-one years of age or
older;
(2) The permit or license is in his or her immediate possession;
(3) The permit or license holder is not a resident of the
State of West Virginia; and
(4) The State of West Virginia has executed a valid and
effective reciprocity agreement with the issuing state pertaining
to the carrying and verification of concealed handgun licenses and
permits issued in the respective states.The Attorney General has
been notified by the Governor of the other state that the other
state allows residents of West Virginia who are licensed in West
Virginia to carry a concealed handgun to carry a concealed handgun
in that state or the Attorney General has entered into a written
reciprocity agreement with the appropriate official of the other
state whereby the state agrees to honor West Virginia concealed
handgun licenses in return for same treatment in this state.
(b) A holder of a valid permit or license from another state
who is authorized to carry a concealed handgun in this state
pursuant to provisions of this section is subject to the same laws
and restrictions with respect to carrying a concealed handgun as a
resident of West Virginia who is so permitted, and must carry the
concealed handgun in compliance with the laws of this state.
(c) A license or permit from another state is not valid in
this state if the holder is or becomes prohibited by law from
possessing a firearm.
(d) The West Virginia Attorney General shall seek to obtain
recognition of West Virginia concealed handgun licenses and enter
into and may execute reciprocity agreements on behalf of the State of West Virginia with states which meet the following standards and
requirements:(1) The standards applied by the other state before issuing a
concealed handgun license or permit must be similar to or greater
than the standards imposed by this article;(2) This state's law-enforcement officers have continuous
access to databases on the criminal information network,
8twenty-four hours per day, seven days per week, to verify the
continued validity of any license or permit to carry a concealed
handgun that has been granted by the issuing state;(3) The other state agrees to grant the right to carry a
concealed handgun to residents of West Virginia who have valid
concealed handgun permits issued pursuant to this article in their
possession while carrying concealed weapons in that state; and(4) The states agree to apprise one another of changes in
permitting standards and requirements, to provide for a prompt
reexamination of whether any adopted change in licensing or
permitting standards negates the states' ability to continue with
the reciprocity agreement.for the recognition of concealed handgun
permits issued pursuant to this article. (e) The West Virginia State Police shall maintain a registry
of states with which the State of West Virginia has entered into
reciprocity agreements or which recognize West Virginia concealed
handgun licenses on the criminal information network and make the
registry available to law-enforcement officers for investigative
purposes.
(f) Every twelve months after the effective date of this
section, the West Virginia Attorney General shall make written
inquiry of the concealed handgun licensing or permitting
authorities in each other state as to: (i) Whether a West Virginia
resident may carry a concealed handgun in their state based upon
having a valid West Virginia concealed handgun permit; and (ii)
whether a West Virginia resident may carry a concealed handgun in
that state based upon having a valid West Virginia concealed
handgun permit, pursuant to the laws of that state or by the
execution of a valid reciprocity agreement between the states.
(g) The West Virginia State Police shall make available to the
public a list of states which have entered into reciprocity
agreements with the State of West Virginia or that allow residents
of West Virginia who are licensed in West Virginia to carry a
concealed handgun to carry a concealed handgun in that state.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 369--A Bill to amend and
reenact §61-7-6 and §61-7-6a of the Code of West Virginia, 1931, as
amended, all relating to exemptions and exceptions for West
Virginia conceal and carry handgun license requirements; allowing
a resident of another state to carry a handgun in West Virginia if
the nonresident person holds a valid permit or license to possess
or carry a handgun from another state when certain conditions are
met; establishing a precondition that West Virginia residents with a West Virginia issued conceal and carry permit must be authorized
to carry a concealed handgun in that other state; removing or
modifying other concealed handgun reciprocity requirements;
prescribing methods of verification of reciprocal conceal and carry
handgun rights between West Virginia and another state; clarifying
or modifying reciprocity requirements and responsibilities of the
Attorney General and the State Police; exempting judicial officers,
magistrates, prosecutors, assistant prosecutors and investigators
employed by prosecutors staff from paying handgun conceal and carry
license fees when applying for a conceal and carry permit in this
state; requiring the judicial officers, magistrates, prosecutors,
assistant prosecutors and investigators employed by prosecutors to
satisfy all other licensing requirements and possess a conceal and
carry license before carrying a concealed handgun in this state on
and after July 1, 2013; removing exemption from remaining conceal
and carry licensing requirements for judicial officers, prosecutors
and prosecutor investigators as of July 1, 2013; and amending
provisions of bill consistent with other legislative action.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 369, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 369) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Com. Sub. for Senate Bill No. 371, Relating
to prison overcrowding.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §25-1-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §28-5-27 of said code be amended and
reenacted; that said code be amended by adding thereto two new
sections, designated §31-20-5g and §31-20-5h; that §61-7-6 of said code be amended and reenacted; that §62-11A-1a of said code be
amended and reenacted; that §62-11B-9 of said code be amended and
reenacted; that §62-11C-2, §62-11C-3 and §62-11C-6 of said code be
amended and reenacted; that said code be amended by adding thereto
a new section, designated §62-11C-10; that §62-12-6, §62-12-7,
§62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15, §62-12-17
and §62-12-19 of said code be amended and reenacted; that said code
be amended by adding thereto a new section, designated §62-12-29;
that §62-15-2 and §62-15-4 of said code be amended and reenacted;
and that said code be amended by adding thereto two new sections,
designated §62-15-6a and §62-15-6b, all to read as follows:

CHAPTER 25. DIVISION OF CORRECTIONS.

ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.§25-1-15. Diagnostic and classification divisions.
(a) The Commissioner of Corrections may establish diagnostic
and classification divisions.
(b) Notwithstanding any provision of thethis code to the
contrary, all persons committed to the custody of the Commissioner
of the Division of Corrections for presentence diagnosis and
classification and all persons sentenced to the custody of the
Division of Corrections shall, upon transfer to the Division of
Corrections, undergo diagnosis and classification, which mayshall
include: (1) Assessments of a person's criminogenic risk and need
factors that are reliable, validated and normed for a specific
population and responsive to cultural and gender-specific needs as
well as individual learning styles and temperament; (2) application of a mental health preliminary screen; and (3) if the mental health
preliminary screen suggests the need for further assessment, a full
psychological evaluation. The Division of Corrections shall
perform mental health preliminary screens, appraisals and
evaluations according to standards provided by the American
Correctional Association.

CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.

ARTICLE 5. THE PENITENTIARY.§28-5-27. Deduction from sentence for good conduct; mandatory
supervision. (a) All current and future adult inmates now in the custody of
the Commissioner of Corrections, or hereafter committed to the
custody of the Commissioner of Corrections, except those committed
pursuant to article four, chapter twenty-five of this code, shall
be granted commutation from their sentences for good conduct in
accordance with this section.
(b) SuchThe commutation of sentence, hereinafter calledknown
as "good time", shall be deducted from the maximum term of
indeterminate sentences or from the fixed term of determinate
sentences.
(c) Each inmate committed to the custody of the Commissioner
of Corrections and incarcerated in a correctional facility pursuant
to suchthat commitment shall be granted one day good time for each
day he or she is incarcerated, including any and all days in jail
awaiting sentence and which isare credited by the sentencing court
to his or her sentence pursuant to section twenty-four, article eleven, chapter sixty-one of this code or for any other reason
relating to suchthe commitment. NoAn inmate may not be granted
any good time for time served either on parole or bond or in any
other status when he or she is not physically incarcerated.
(d) NoAn inmate sentenced to serve a life sentence shall be
is not eligible to earn or receive any good time pursuant to this
section.
(e) An inmate under two or more consecutive sentences shall be
allowed good time as if the several sentences, when the maximum
terms thereofof the consecutive sentences are added together, were
all one sentence.
(f) The Commissioner of Corrections shall promulgate separate
disciplinary rules. for each institution under his control in which
adult felons are incarcerated, whichThe rules shall describe acts
whichthat inmates are prohibited from committing, procedures for
charging individual inmates for violation of suchthe rules and for
determining the guilt or innocence of inmates charged with suchthe
violations and the sanctions which may be imposed for suchthe
violations. A copy of suchthe rules shall be given to each
inmate. For each such violationsviolation, by ana sanctioned
inmate so sanctioned, any part or all of the good time which has
been granted to suchthe inmate pursuant to this section may be
forfeited and revoked by the warden or superintendent of the
institution in which the violation occurred. The warden or
superintendent, when appropriate and with approval of the
commissioner, may restore any forfeited good time so forfeited.
(g) Each inmate, upon his or her commitment to and being
receivedplaced into the custody of the Commissioner of the
Department of Corrections, or upon his or her return to custody as
the result of violation of parole pursuant to section nineteen,
article twelve, chapter sixty-two of this code, shall be given a
statement setting forth the term or length of his or her sentence
or sentences and the time of his or her minimum discharge computed
according to this section.
(h) Each inmate shall be given a revision of the statement
described in subsection (g) of this section if and when any part or
all of the good time has been forfeited and revoked or restored
pursuant to subsection (f) wherebyof this section, by which the
time of his or her earliest discharge is changed.
(i) The Commissioner of Corrections may, with the approval of
the Governor, allow extra good time for inmates who perform
exceptional work or service.
(j) In order to ensure equitable good time for all current and
future inmates now in the custody of the Commissioner of
Corrections or hereafter committed to the custody of such
commissioner, except as to those persons committed pursuant to
article four, chapter twenty-five of this code, all good timestime
shall be computed according to this section and all previous
computations of good time under prior statutes or regulationsrules
are hereby voidedvoid. All inmates who have previously forfeited
good time are hereby restored to good time computed according to
this section and all inmates will receive a new discharge date computed according to this section. All inmates that have been
awarded overtime good time or extra good time pursuant to sections
twenty-seven-a and twenty-seven-b of this article which arewere
repealed simultaneously with the amendment to this section during
the regular session of the Legislature in the year 1984 shall
receive suchthat good time in addition to the good time computed
according to this section.
(k) There shall be no grants or accumulations of good time or
credit to any current or future inmate now or hereafter serving a
sentence in the custody of the DepartmentDivision of Corrections
except in the manner provided in this section.(l) Prior to the calculated discharge date of an inmate
serving a sentence for a felony crime of violence against the
person, a felony offense where the victim was a minor child or a
felony offense involving the use of a firearm, one year shall be
deducted from the inmate's accumulated good time to provide for one
year of mandatory post-release supervision following the first
instance in which the inmate reaches his or her calculated
discharge date. All inmates released pursuant to this subsection
shall be subject to electronic or GPS monitoring for the entire
period of supervision. The provisions of this subsection are
applicable to offenses committed on or after July 1, 2013.
_____(m) Upon sentencing of an inmate for an offense not referenced
in subsection (l) of this section, the court may order that one
hundred eighty days of the sentence, or some lesser period, be
served through post-release mandatory supervision if the court determines supervision is appropriate and in the best interest of
justice, rehabilitation and public safety. All inmates released
pursuant to this subsection shall be subject to electronic or GPS
monitoring for the entire period of supervision. The provisions of
this subsection are applicable to offenses committed on or after
July 1, 2013.
_____(n) The Commissioner of Corrections shall adopt policies and
procedures to implement the mandatory supervision provided for in
subsections (l) and (m) of this section, which may include terms,
conditions and procedures for supervision, modification and
violation applicable to persons on parole.
_____(o) As used in this section "felony crime of violence against
the person" means felony offenses set forth in article two,
three-e, eight-b or eight-d, chapter sixty-one of this code, and
the felony offenses of arson, and burglary of a residence where an
individual is physically located at the time of the offense, as set
forth in article three, chapter sixty-one of this code.
_____(p) As used in this section, "felony offense where the victim
was a minor child" means any felony crime of violence against the
person and any felony offense set forth in article eight, eight-a,
eight-c or eight-d, chapter sixty-one of this code.

CHAPTER 31. CORPORATIONS.

ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.§31-20-5g. Pretrial risk assessment.
(a) Within three calender days of the arrest and placement of any person in a regional jail, the authority shall conduct a
pretrial risk assessment using a standardized risk assessment
instrument approved and adopted by the Supreme Court of Appeals of
West Virginia. The results of all standardized risk and needs
assessments are confidential and shall only be provided to the
court, court personnel, the prosecuting attorney, defense counsel
and the person who is the subject of the pretrial risk assessment.
Upon completion of the assessment, the authority shall provide it
to the magistrate and circuit clerks for delivery to the
appropriate circuit judge or magistrate.
(b) The pretrial risk assessment and all oral or written
statements made by individual during risk assessment shall be
inadmissable evidence at any criminal or civil trial.§31-20-5h. Programs for inmates committed to prison.
The Division of Corrections may develop and implement a
cognitive behavioral program to address the needs of inmates
detained in a regional jail, but committed to the custody of the
Commissioner of Corrections. The program shall be developed in
consultation with the Regional Jail Authority and may be offered by
video teleconference or webinar technology. The costs of the
program shall be paid out of funds appropriated to the Division of
Corrections. The program shall be covered by the rehabilitation
plan policies and procedures adopted by the Division of Corrections
under subsection (h), section thirteen, article twelve, chapter
sixty-two of this code.

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 7. DANGEROUS WEAPONS.§61-7-6. Exceptions as to prohibitions against carrying concealed
handguns; exemptions from licensing fees.(a) The licensure provisions set forth in this article do not
apply to:
(1) Any person carrying:(A) Carrying a deadly weapon upon his or her own premises; nor
shall anything herein prevent a person from carrying any(B) Carrying a firearm, unloaded, from the place of purchase
to his or her home, residence or place of business or to a place of
repair and back to his or her home, residence or place of business;
nor shall anything herein prohibit a person from possessingor
_____(C) Possessing a firearm while hunting in a lawful manner or
while traveling from his or her home, residence or place of
business to a hunting site and returning to his or her home,
residence or place of business;
(2) Any person who is a member of a properly organized
target-shooting club authorized by law to obtain firearms by
purchase or requisition from this state or from the United States
for the purpose of target practice from carrying any pistol, as
defined in this article, unloaded, from his or her home, residence
or place of business to a place of target practice and from any
place of target practice back to his or her home, residence or
place of business, for using any such weapon at a place of target
practice in training and improving his or her skill in the use of
the weapons;
(3) Any law-enforcement officer or law-enforcement official as
defined in section one, article twenty-nine, chapter thirty of this
code;
(4) Any employee of the West Virginia Division of Corrections
duly appointed pursuant to the provisions of section fiveeleven-c,
article fiveone, chapter twenty-eighttwenty-five of this code
while the employee is on duty;
(5) Any member of the armed forces of the United States or the
militia of this state while the member is on duty;(6) Any circuit judge, including any retired circuit judge
designated senior status by the Supreme Court of Appeals of West
Virginia, prosecuting attorney, assistant prosecuting attorney or
a duly appointed investigator employed by a prosecuting attorney;(7)(6) Any resident of another state who holds a valid permit
or license to possess or carry a concealed weaponhandgun issued by
a state or a political subdivision which has entered into a
reciprocity agreement with this state, subject to the provisions
and limitations set forth in section six-a of this article;(8)(7) Any federal law-enforcement officer or federal police
officer authorized to carry a weapon in the performance of the
officer's duty; and(9)(8) Any Hatfield-McCoy Regional Recreation Authority
Ranger while the ranger is on duty; and
_____(9) Any parole officer appointed pursuant to section fourteen
article twelve, chapter sixty-two of this code in the performance
of their duties.(b) On and after July 1, 2013, the following judicial officers
and prosecutors and staff shall be exempted from paying any
application fees or licensure fees required under this article.
However, on and after that same date, they shall be required to
make application and satisfy all licensure and handgun safety and
training requirements set forth in section four of this article
before carrying a concealed handgun in this state:
_____(1) Any justice of the Supreme Court of Appeals of West
Virginia;
_____(2) Any circuit judge;
_____(3) Any retired justice or retired circuit judge designated
senior status by the Supreme Court of Appeals of West Virginia;
_____(4) Any family court judge;
_____(5) Any magistrate;
_____(6) Any prosecuting attorney;
_____(7) Any assistant prosecuting attorney; or
_____(8) Any duly appointed investigator employed by a prosecuting
attorney.______

CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 11A. RELEASE FOR WORK AND OTHER PURPOSES.§62-11A-1a. Other sentencing alternatives.
(a) Any person who has been convicted in a circuit court or in
a magistrate court under any criminal provision of this code of a
misdemeanor or felony, which is punishable by imposition of a fine
or confinement in thea regional jail or a state correctional
facilityinstitution, or both fine and confinement, may, in the discretion of the sentencing judge or magistrate, as an alternative
to the sentence imposed by statute for the crime, be sentenced
under one of the following programs:
(1) The weekend jail program under which personsa person
would be required to spend weekends or other days normally off from
work in jail;
(2) The work program under which a sentenced personsperson
would be required to spend the first two or more days of theirhis
or her sentence in jail and then, in the discretion of the court,
would be assigned to a county agency to perform labor within the
jail, or in and upon the buildings, grounds, institutions, bridges
and roads, including orphaned roads used by the general public and
public works within the county. Eight hours of labor are to be
credited as one day of the sentence imposed. PersonsA person
sentenced under this program may be required to provide theirhis
or her own transportation to and from the work site, lunch and work
clothes; or
(3) The community service program under which persons
sentenceda sentenced person would spend no time in jail, but would
be sentenced to a number of hours or days of community service work
with government entities or charitable or nonprofit entities
approved by the circuit court. Regarding any portion of the
sentence designated as confinement, eight hours of community
service work is to be credited as one day of the sentence imposed.
Regarding any portion of the sentence designated as a fine, the
fine is to be credited at an hourly rate equal to the prevailing federal minimum wage at the time the sentence was imposed. In the
discretion of the court, the sentence credits may run concurrently
or consecutively. PersonsA person sentenced under this program
may be required to provide theirhis or her own transportation to
and from the work site, lunch and work clothes.(4) A day-reporting center program if the program has been
implemented in the sentencing court's jurisdiction or in the area
where the offender resides. For purposes of this subdivision
"day-reporting center" means a court-operated or court-approved
facility where persons ordered to serve a sentence in this type of
facility are required to report under the terms and conditions set
by the court for purposes which include, but are not limited to,
counseling, employment training, alcohol or drug testing or other
medical testing.
(b) In no event may the duration of the alternate sentence
exceed the maximum period of incarceration otherwise allowed.
(c) In imposing a sentence under the provisions of this
section, the court shall first make the following findings of fact
and incorporate them into the court's sentencing order:
(1) The person sentenced was not convicted of an offense for
which a mandatory period of confinement is imposed by statute;
(2) In circuit court cases, that the person sentenced is not
a habitual criminal within the meaning of sections eighteen and
nineteen, article eleven, chapter sixty-one of this code;
(3) In circuit court cases, that the offense underlying the
sentence is not a felony offense for which violence or the threat of violence to the person is an element of the offense;
(4) In circuit court cases, that adequate facilities for the
administration and supervision of alternative sentencing programs
are available through the court's probation officers or the county
sheriff or, in magistrate court cases, that adequate facilities for
the administration and supervision of alternative sentencing
programs are available through the county sheriff; and
(5) That an alternative sentence under provisions of this
article will best serve the interests of justice.
(d) PersonsA person sentenced by the circuit court under the
provisions of this article remainremains under the administrative
custody and supervision of the court's probation officers or the
county sheriff. PersonsA person sentenced by a magistrate remain
remains under the administrative custody and supervision of the
county sheriff.
(e) PersonsA person sentenced under the provisions of this
section may be required to pay the costs of theirhis or her
incarceration, including meal costs: Provided, That the judge or
magistrate considers the person's ability to pay the costs.
(f) PersonsA person sentenced under the provisions of this
section remainremains under the jurisdiction of the court. The
court may withdraw any alternative sentence at any time by order
entered with or without notice and require that the remainder of
the sentence be served in the county jail, a regional jail or a
state correctional facility: Provided, That no alternative
sentence directed by the sentencing judge or magistrate or administered under the supervision of the sheriff, his or her
deputies, a jailer or a guard may require the convicted person to
perform duties which would be considered detrimental to the
convicted person's health as attested to by a physician.
(g) No provision of this section may be construed to limit a
circuit judge or magistrate'sjudge's ability to impose a period of
supervision or participation in a community corrections program
created pursuant to article eleven-c, chapter sixty-two of this
code, except that a person sentenced to a day report center must be
identified as moderate to high risk of reoffending and moderate to
high criminogenic need, as defined by the standardized risk and
needs assessment adopted by the Supreme Court of Appeals of West
Virginia under subsection (d), section six, article twelve of this
chapter, and applied by a probation officer or day report staff:
Provided, That a judge may impose a period of supervision or
participation in a day report center, notwithstanding the results
of the standardized risk and needs assessment, upon making specific
written findings of fact as to the reason for departing from the
requirements of this section.
__(h) Magistrates may only impose a period of participation in
a day report center with the consent by general administrative
order of the supervising judge or chief judge of the judicial
circuit in which he or she presides. The day report center staff
shall determine which services a person receives based on the
results of the standardized risk and needs assessment adopted by
the Supreme Court of Appeals of West Virginia under subsection (d), section six, article twelve of this chapter, along with any other
conditions of supervision set by the court.ARTICLE 11B. HOME INCARCERATION ACT.§62-11B-9. Violation of order of home incarceration procedures;
penalties.
(a) If, at any time during the period of home incarceration,
there is reasonable cause to believe that a participant in a home
incarceration program has violated the terms and conditions of the
circuit court's home incarceration order, he or she shall beis
subject to the procedures and penalties set forth in section ten,
article twelve of this chapter.
(b) If, at any time during the period of home incarceration,
there is reasonable cause to believe that a participant sentenced
to home incarceration by the circuit court has violated the terms
and conditions of the court's order of home incarceration and said
the participant's participation was imposed as an alternative
sentence to another form of incarceration, saidthe participant
shall beis subject to the same procedures involving confinement
and revocation as would a probationer charged with a violation of
the order of home incarceration. Any participant under an order of
home incarceration shall beis subject to the same penalty or
penalties, upon the circuit court's finding of a violation of the
order of home incarceration, as he or she could have received at
the initial disposition hearing: Provided, That the participant
shall receive credit towards any sentence imposed after a finding
of violation for the time spent in home incarceration.
(c) If, at any time during the period of home incarceration,
there is reasonable cause to believe that a participant sentenced
to home incarceration by a magistrate has violated the terms and
conditions of the magistrate's order of home incarceration as an
alternative sentence to incarceration in jail, the supervising
authority may arrest the participant upon the obtaining of an order
or warrant and take the offender before a magistrate within the
county of the offense. The magistrate shall then conduct a prompt
and summary hearing on whether the participant's home incarceration
should be revoked. If it appears to the satisfaction of the
magistrate that any condition of home incarceration has been
violated, the magistrate may revoke the home incarceration and
order that the sentence of incarceration in jail be executed. Any
participant under an order of home incarceration shall beis
subject to the same penalty or penalties, upon the magistrate's
finding of a violation of the order of home incarceration, as the
participant could have received at the initial disposition hearing:
Provided, That the participant shall receive credit towards any
sentence imposed after a finding of violation for the time spent in
home incarceration.ARTICLE 11C. THE WEST VIRGINIA COMMUNITY CORRECTIONS ACT.§62-11C-2. Community Corrections Subcommittee.
(a) A Community Corrections Subcommittee of the Governor's
Committee on Crime, Delinquency and Correction is hereby created
continued and continues to be assigned responsibility for screening
community corrections programs submitted by community criminal justice boards or from other entities authorized by the provisions
of this article to do so for approval for funding by the Governor's
committee and for making recommendations as to the disbursement of
funds for approved community corrections programs. The subcommittee
is toshall be comprised of fifteen members of the Governor's
committee including: A representative of the Division of
Corrections, a representative of the Regional Jail and Correctional
Facility Authority, a representative of the Bureau for Behavioral
Health and Health Facilities, a person representing the interests
of victims of crime, an attorney employed by a public defender
corporation, an attorney who practices criminal law, a prosecutor
and a representative of the West Virginia Coalition Against
Domestic Violence. At the discretion of the West Virginia Supreme
Court of Appeals, the Administrator of the Supreme Court of
Appeals, a probation officer and a circuit judge may serve on the
subcommittee as ex officio, nonvoting members.
(b) The subcommittee shall elect a chairperson and a vice
chairperson. The subcommittee shall meet quarterly. Special
meetings may be held upon the call of the chairperson, vice
chairperson or a majority of the members of the subcommittee. A
majority of the members of the subcommittee constituteconstitutes
a quorum.§62-11C-3. Duties of the Governor's committee and the community
corrections subcommittee.
(a) Upon recommendation of the community corrections
subcommittee, the Governor's committee shall propose for legislative promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code, emergency and
legislative rules to:
(1) Establish standards for approval of community corrections
programs submitted by community criminal justice boards or other
entities authorized by the provisions of this article to do so;
(2) Establish minimum standards for community corrections
programs to be funded, including requiring annual program
evaluations;
(3) Make any necessary adjustments to the fees established in
section four of this article;
(4) Establish reporting requirements for community corrections
programs; and
(5) Carry out the purpose and intent of this article.
(b) Upon recommendation of the community corrections
subcommittee, the Governor's committee shall:
(1) Maintain records of community corrections programs
including the corresponding community criminal justice board or
other entity contact information and annual program evaluations,
when available;
(2) Seek funding for approved community corrections programs
from sources other than the fees collected pursuant to section four
of this article; and
(3) Provide funding for approved community corrections
programs, as available.
(c) The Governor's committee shall submit, on or before September 30 of each year, to the Governor, the Speaker of the
House of Delegates, the President of the Senate and, upon request,
to any individual member of the Legislature, a report on its
activities during the previous year and an accounting of funds paid
into and disbursed from the special revenue account established
pursuant to section four of this article.(d) The subcommittee shall review the implementation of
evidence-based practices and conduct regular assessments for
quality assurance of all community-based criminal justice services,
including day report centers, probation, parole and home
confinement. In consultation with the affected agencies, the
subcommittee shall establish a process for reviewing performance.
The process shall include review of agency performance measures and
identification of new measures by the subcommittee, if necessary,
for measuring the implementation of evidence-based practices or for
quality assurance. After providing an opportunity for the affected
agencies to comment, the subcommittee shall submit, on or before
September 30 of each year, to the Governor, the Speaker of the
House of Delegates, the President of the Senate and, upon request,
to any individual member of the Legislature, a report on its
activities and results from assessments of performance during the
previous year.§62-11C-6. Community criminal justice boards.
(a) Each county or combination of counties or a county or
counties and a Class I or II municipality that seek to establish
community-based corrections services shall establish a community criminal justice board: Provided, That if a county has not
established a community criminal justice board by July 1, 2002, the
chief probation officer of suchthat county, with the approval of
the chief judge of the circuit, may apply for and receive approval
and funding from the Governor's committee for suchany programs as
authorized by the provisions of section five of this article. Any
county which chooses to operate without a community criminal
justice board shall beis subject to the regulations and
requirements established by the community corrections subcommittee
and the Governor's committee.
(b) TheA community criminal justice board is toshall consist
of no more than fifteen voting members.
(c) All members of thea community criminal justice board are
toshall be residents of the county or counties represented.
(d) TheA community criminal justice board is toshall consist
of the following members:
(1) The sheriff or chief of police or, if the board represents
more than one county or municipality, at least one sheriff or chief
of police from the counties represented;
(2) The prosecutor or, if the board represents more than one
county, at least one prosecutor from the counties represented;
(3) If a public defender corporation exists in the county or
counties represented, at least one attorney employed by any public
defender corporation existing in the counties represented or, if no
public defender office exists, one criminal defense attorney from
the counties represented;
(4) One member to be appointed by the local board of education
or, if the board represents more than one county, at least one
member appointed by a board of education of the counties
represented;
(5) One member with a background in mental health care and
services to be appointed by the commission or commissions of the
county or counties represented by the board;
(6) Two members who can represent organizations or programs
advocating for the rights of victims of crimes with preference
given to organizations or programs advocating for the rights of
victims of the crimes of domestic violence or driving under the
influence; and(7) One member with a background in substance abuse treatment
and services to be appointed by the commission or commissions of
the county or counties represented by the board; and
_____(7)(8) Three at-large members to be appointed by the
commission or commissions of the county or counties represented by
the board.
(e) At the discretion of the West Virginia Supreme Court of
Appeals, any or all of the following people may serve on a
community criminal justice board as ex officio, nonvoting members:
(1) A circuit judge from the county or counties represented;
(2) A magistrate from the county or counties represented; or
(3) A probation officer from the county or counties
represented.
(f) Community criminal justice boards may:
(1) Provide for the purchase, development and operation of
community corrections services;
(2) Coordinate with local probation departments in
establishing and modifying programs and services for offenders;
(3) Evaluate and monitor community corrections programs,
services and facilities to determine their impact on offenders; and
(4) Develop and apply for approval of community corrections
programs by the Governor's Committee on Crime, Delinquency and
Correction.
(g) If a community criminal justice board represents more than
one county, the appointed membership of the board, excluding any ex
officio members, shall include an equal number of members from each
county, unless the county commission of each county agrees in
writing otherwise.
(h) If a community criminal justice board represents more than
one county, the board shall, in consultation with the county
commission of each county represented, designate one county
commission as the fiscal agent of the board.
(i) Any political subdivision of this state operating a
community corrections program shall, regardless of whether or not
the program has been approved by the Governor's Committee on Crime,
Delinquency and Correction, provide to the Governor's committee
required information regarding the program's operations as required
by legislative rule.§62-11C-10. Standardized risk and needs assessment; annual
reviews; day report services.
The Division of Justice and Community Services shall:
(1) Require that staff of day reporting centers and other
community corrections programs be trained in and use in each case
a standardized risk and needs assessment as adopted by the Supreme
Court of Appeals of West Virginia. The results of all standardized
risk and needs assessments are confidential;
(2) Annually conduct a validation study of inter-rater
reliability and risk cut-off scores by population to ensure that
the standardized risk and needs assessment is sufficiently
predictive of the risk of reoffending;
(3) Annually review the membership of all community criminal
justice boards to ensure appropriate membership;
(4) Evaluate the services, sanctions and programs provided by
each community corrections program to ensure that they address
criminogenic needs and are evidence-based;
(5) Encourage community criminal justice boards to develop
programs in addition to or in lieu of day report centers, through
grants and more focused use of day report services; and
(6) Annually report to the community corrections subcommittee
on the results of duties required by this section.ARTICLE 12. PROBATION AND PAROLE.§62-12-6. Powers and duties of probation officers.
(a) Each probation officer shall:_____(1) Investigate all cases which the court refers to the
officer for investigation and shall report in writing on each case;
The probation officer shall furnish(2) Conduct a standardized risk and needs assessment, using
the instrument adopted by the Supreme Court of Appeals of West
Virginia, for any probationer for whom an assessment has not been
conducted either prior to placement on probation or by a
specialized assessment officer. The results of all standardized
risk and needs assessments are confidential;
_____(3) Supervise the probationer and enforce probation according
to assessment and supervision standards adopted by the Supreme
Court of Appeals of West Virginia;
_____(4) Furnish to each person released on probation under the
officer's supervision a written statement of the probationer's
conditions of probation together with a copy of the rules
prescribed by the court for the supervision of probationers. The
probation officer shall staySupreme Court of Appeals of West
Virginia;
_____(5) Stay informed concerning the conduct and condition of each
probationer under the officer's supervision and shall report on the
conduct and condition of each probationer in writing as often as
the court requires; The probation officer shall use(6) Use all practicable and suitable methods to aid and
encourage the probationer to improve his or her conduct and
condition; The probation officer shall maintain(7) Perform random drug and alcohol testing on probationers
under his or her supervision as directed by the circuit court;
_____(8) Maintain detailed work records; and shall perform any
other duties the court requires.(9) Perform any other duties the court requires.
_____(b) The probation officer has authoritymay, with or without
an order or warrant, to arrest any probationer as provided in
section ten of this article, and to arrest any person on supervised
release when there is reasonable cause to believe that the person
on supervised release has violated a condition of release. A
person on supervised release sowho is arrested shall be brought
before the court for a prompt and summary hearing.(b)(c) Notwithstanding any provision of this code to the
contrary:
(1) Any probation officer appointed on or after July 1, 2002,
may carry handguns in the course of the officer's official duties
after meeting specialized qualifications established by the
Governor's Committee on Crime, Delinquency and Correction. which
The qualifications shall include the successful completion of
handgun training, includingwhich is comparable to the handgun
training provided to law-enforcement officers by the West Virginia
State Police and includes a minimum of four hours' training in
handgun safety and comparable to the handgun training provided to
law-enforcement officers by the West Virginia State Police.
(2) Probation officers may only carry handguns in the course
of their official duties after meeting the specialized
qualifications set forth in subdivision (1) of this subsection.
(3) Nothing in this subsection includes probation officers
within the meaning of law-enforcement officers as defined in
section one, article twenty-nine, chapter thirty of this code.(d) The Supreme Court of Appeals of West Virginia may adopt a
standardized risk and needs assessment with risk cut-off scores for
use by probation officers, taking into consideration the assessment
instrument adopted by the Division of Corrections under subsection
(h), section thirteen of this article and the responsibility of the
Division of Justice and Community Services to evaluate the use of
the standardized risk and needs assessment. The results of any
standardized risk and needs assessment are confidential.§62-12-7. Pretrial and preliminary investigation; report on
prospective probationers.(a) The Supreme Court of Appeals of West Virginia may adopt a
standardized pretrial risk assessment for use by the Regional Jail
Authority to assist magistrates and circuit courts in making
pretrial decisions under article one-c of this chapter.
_____(b)WhenUnless otherwise directed by the court, the probation
officer shall, in the form adopted by the Supreme Court of Appeals
of West Virginia, make a careful investigation of, and a written
report with recommendations concerning, any prospective
probationer. Insofar as practicable, this report shall include
information concerning the offender's court and criminal record,
occupation, family background, education, habits and associations,
mental and physical condition, the names, relationship, ages and
condition of those dependent upon him or her for support and such
any other facts asthat may aid the court in determining the
propriety and conditions of his or her release on probation. NoA
person convicted of a felony or of any offense described in article eight-b or eight-d, chapter sixty-one of this code against a minor
child may not be released on probation until this report shall have
has been presented to and considered by the court. The court may
in its discretion request such a report concerning any person
convicted of a misdemeanor. The presentence report of any person
convicted of an offense, described in said articles or section
twelve, article eight of said chapter, may include a statement from
a therapist, psychologist or physician who is providing treatment
to the child. A copy of all reports shall be filed with the Parole
Board of probation and parole.§62-12-9. Conditions of release on probation.
(a) Release on probation is conditioned upon the following:
(1) That the probationer may not, during the term of his or
her probation, violate any criminal law of this or any other state
or of the United States;
(2) That he or shethe probationer may not, during the term of
his or her probation, leave the state without the consent of the
court which placed him or her on probation;
(3) That he or shethe probationer complies with the
conditions prescribed by the court for his or her supervision by
the probation officer;
(4) That in every case whereinin which the probationer has
been convicted of an offense defined in section twelve, article
eight, chapter sixty-one of this code or article eight-b or eight-d
of said chapter, against a child, the probationer may not live in
the same residence as any minor child, nor exercise visitation with any minor child and hasmay have no contact with the victim of the
offense: Provided, That the probationer may petition the court of
the circuit whereinin which he or she was convicted for a
modification of this term and condition of his or her probation and
the burden rests upon the probationer to demonstrate that a
modification is in the best interest of the child;
(5) That the probationer be required to pay a fee, not to
exceed $20 per month, to defray costs of supervision: Provided,
That the court conducts a hearing prior to imposition of probation
and makes a determination on the record that the offender is able
to pay the fee without undue hardship. All moneys collected as
fees from probationers pursuant to this subdivision are toshall be
deposited with the circuit clerk who shall, on a monthly basis,
remit the moneys collected to the State Treasurer for deposit in
the State General Revenue Fund; and
(6) That the probationer is required to pay the fee described
in section four, article eleven-c of this chapter: Provided, That
the court conducts a hearing prior to imposition of probation and
makes a determination on the record that the offender is able to
pay the fee without undue hardship.
(b) In addition, the court may impose, subject to modification
at any time, any other conditions which it may deemdetermine
advisable, including, but not limited to, any of the following:
(1) That he or shethe probationer make restitution or
reparation, in whole or in part, immediately or within the period
of probation, to any party injured by the crime for which he or she has been convicted: Provided, That the court conducts a hearing
prior to imposition of probation and makes a determination on the
record that the offender is able to pay restitution without undue
hardship;
(2) That he or she paythe probationer pays any fine assessed
and the costs of the proceeding in installments asdirected by the
court may direct: Provided, That the court conducts a hearing
prior to imposition of probation and makes a determination on the
record that the offender is able to pay the costs without undue
hardship;
(3) That he or she make contributionthe probationer makes
contributions from his or her earnings, in sums asdirected by the
court may direct, for the support of his or her dependents; and
(4) That he or shethe probationer, in the discretion of the
court, beis required to serve a period of confinement in jail of
the county in which he or she was convicted for a period not to
exceed one third of the minimum sentence established by law or one
third of the least possible period of confinement in an
indeterminate sentence, but in no case may the period of
confinement exceed six consecutive months. The court has the
authority tomay sentence the defendant within the six-month period
to intermittent periods of confinement including, but not limited
to, weekends or holidays and may grant to the defendant
intermittent periods of release in order that he or she may work at
his or her employment or for other reasons or purposes as the court
may deemdetermine appropriate: Provided, That the provisions of article eleven-a of this chapter do not apply to intermittent
periods of confinement and release except to the extent that
directed by the court may direct. If a period of confinement is
required as a condition of probation, the court shall make special
findings that other conditions of probation are inadequate and that
a period of confinement is necessary.(c) Circuit courts may impose, as a condition of probation,
participation in a day report center.
_____(1) To be eligible, the probationer must be identified as
moderate to high risk of reoffending and moderate to high
criminogenic need, as determined by the standardized risk and needs
assessment adopted by the Supreme Court of Appeals of West Virginia
under subsection (d), section six of this article, and applied by
a probation officer or day report staff. In eligible cases, circuit
courts may impose a term of up to one year: Provided, That
notwithstanding the results of the standardized risk and needs
assessment, a judge may impose, as a term of probation,
participation in a day report center program upon making specific
written findings of fact as to the reason for departing from the
requirements of this subdivision.
_____(2) The day report center staff shall determine which services
a person receives based on the results of the standardized risk and
needs assessment and taking into consideration the other conditions
of probation set by the court.
_____(d) For the purposes of this article, "day report center"
means a court-operated or court-approved facility where persons ordered to serve a sentence in this type of facility are required
to report under the terms and conditions set by the court for
purposes which include, but are not limited to, counseling,
employment training, alcohol or drug testing or other medical
testing.§62-12-10. Violation of probation.(a) If at any time during the period of probation there shall
be reasonable cause to believe that the probationer has violated
any of the conditions of his or her probation, the probation
officer may arrest him or her with or without an order or warrant,
or the court which placed him or her on probation, or the judge
thereof in vacation, may issue an order for his or her arrest,
whereupon he or she shall be brought before the court, or the judge
thereof in vacation, for a prompt and summary hearing.(1) If it shall then appears to the satisfaction of the court
or judge finds reasonable cause exists to believe that any
condition of probation has been violatedthe probationer:
_____(A) Absconded supervision;
_____(B) Engaged in new criminal conduct other than a minor traffic
violation or simple possession of a controlled substance; or
_____(C) Violated a special condition of probation designed either
to protect the public or a victim;
the court or judge may revoke the suspension of imposition or
execution of sentence, impose sentence if none has been imposed and
order that sentence be executed.
_____(2) If the judge finds that reasonable cause exists to believe that the probationer violated any condition of supervision other
than the conditions of probation set forth in subdivision (1) of
this subsection, then, for the first violation, the judge shall
impose a period of confinement up to sixty days, or, for the second
violation, a period of confinement up to one hundred twenty days.
For the third violation, the judge may revoke the suspension of
imposition or execution of sentence, impose sentence if none has
been imposed and order that sentence be executed, with credit for
time spent in confinement under this section.
_____(3) In computing the period for which the offender is to be
confined, the time between his or her release on probation and his
or her arrest may not be taken to be any part of the term of his or
her sentence.
_____(b) A probationer confined for a first or second violation
pursuant to subdivision (2), subsection (a) of this section may be
confined in jail, and the costs of confining felony probationers
shall be paid out of funds appropriated for the Division of
Corrections. Whenever the court orders the incarceration of a
probationer pursuant to the provisions of subdivision (2),
subsection (a) of this section, a circuit clerk shall provide a
copy of the order of confinement within five days to the
Commissioner of Corrections.
_____(c) If, despite a violation of the conditions of probation,
the court or judge shall beis of the opinion that the interests of
justice do not require that the probationer serve his or her
sentence or a period of confinement, the court or judge may, except when the violation was the commission of a felony, again release
him or her on probation: Provided, That a judge may otherwise
depart from the sentence limitations set forth in subdivision (2),
subsection (a) of this section upon making specific written
findings of fact supporting the basis for the departure.§62-12-13. Powers and duties of board; eligibility for parole;
procedure for granting parole.
(a) The board of paroleParole Board, whenever it is of the
opinion that the best interests of the state and of the inmate will
be served, and subject to the limitations hereinafter provided in
this section, shall release any inmate on parole for terms and upon
conditions as are provided by this article.
(b) Any inmate of a state correctional centerinstitution is
eligible for parole if he or she:
(1) (A) Has served the minimum term of his or her
indeterminate sentence or has served one fourth of his or her
definite term sentence, as the case may be; or
(B) He or she:
(i) Has applied for and been accepted by the Commissioner of
Corrections into an accelerated parole program;
(ii) Does not have a prior criminal conviction for a felony
crime of violence against the person, a felony offense involving
the use of a firearm or a felony offense where the victim was a
minor child.(iii) Has no record of institutional disciplinary rule
violations for a period of one hundred twenty days prior to parole consideration unless the requirement is waived by the commissioner;(iv)(iii) Is not serving a sentence for a crime of violence
against the person, or more than one felony for a controlled
substance offense for which the inmate is serving a consecutive
sentence, a felony offense involving the use of a firearm or a
felony offenceoffense where the victim was a minor child; and(v)(iv) Has successfully completed a rehabilitation treatment
program created with the assistance of a standardized risk and
needs assessment.(I) As used in this section "felony crime of violence against
the person" means felony offenses set forth in articles two,
three-e, eight-b or eight-d of chapter sixty-one of this code; and(II) As used in this section "felony offense where the victim
was a minor child" means any felony crime of violence against the
person and any felony violation set forth in article eight,
eight-a, eight-c or eight-d of chapter sixty-one of this code.
(C) Notwithstanding any provision of this code to the
contrary, any personinmate who committed, or attempted to commit,
a felony with the use, presentment or brandishing of a firearm, is
not eligible for parole prior to serving a minimum of three years
of his or her sentence or the maximum sentence imposed by the
court, whichever is less: Provided, That any personinmate who
committed, or attempted to commit, any violation of section twelve,
article two, chapter sixty-one of this code, with the use,
presentment or brandishing of a firearm, is not eligible for parole
prior to serving a minimum of five years of his or her sentence or one third of his or her definite term sentence, whichever is
greater. Nothing in this paragraph applies to an accessory before
the fact or a principal in the second degree who has been convicted
as if he or she were a principal in the first degree if, in the
commission of or in the attempted commission of the felony, only
the principal in the first degree used, presented or brandished a
firearm. A personAn inmate is not ineligible for parole under the
provisions of this paragraph because of the commission or attempted
commission of a felony with the use, presentment or brandishing of
a firearm unless that fact is clearly stated and included in the
indictment or presentment by which the person was charged and was
either: (i) Found guilty by the court at the time of trial upon a
plea of guilty or nolo contendere; (ii) found guilty by the jury,
upon submitting to the jury a special interrogatory for such
purpose if the matter was tried before a jury; or (iii) found
guilty by the court, if the matter was tried by the court without
a jury.For the purpose of this section, the term "firearm" means any
instrument which will, or is designed to, or may readily be
converted to, expel a projectile by the action of an explosive,
gunpowder or any other similar means.
(D) The amendments to this subsection adopted in the year
1981:
(i) Apply to all applicable offenses occurring on or after
August 1 of that year;
(ii) Apply with respect to the contents of any indictment or presentment returned on or after August 1 of that year irrespective
of when the offense occurred;
(iii) Apply with respect to the submission of a special
interrogatory to the jury and the finding to be made thereon in any
case submitted to the jury on or after August 1 of that year or to
the requisite findings of the court upon a plea of guilty or in any
case tried without a jury: Provided, That the state gives notice
in writing of its intent to seek such finding by the jury or court,
as the case may be. whichThe notice shall state with particularity
the grounds upon which the finding will be sought as fully as such
the grounds are otherwise required to be stated in an indictment,
unless the grounds thereforupon which the finding will be sought
are alleged in the indictment or presentment upon which the matter
is being tried; and
(iv) Does not apply with respect to cases not affected by the
amendments and in suchthose cases the prior provisions of this
section apply and are construed without reference to the
amendments.(1)(v) Insofar as the amendments relate to mandatory
sentences restricting the eligibility for parole, all matters
requiring a mandatory sentence shall be proved beyond a reasonable
doubt in all cases tried by the jury or the court.(E) As used in this section "felony crime of violence against
the person" means felony offenses set forth in article two,
three-e, eight-b or eight-d, chapter sixty-one of this code.
_____(F) As used in this section "felony offense where the victim was a minor child" means any felony crime of violence against the
person and any felony violation set forth in article eight,
eight-a, eight-c or eight-d, chapter sixty-one of this code.
_____(G) For the purpose of this section, the term "firearm" means
any instrument which will, or is designed to, or may readily be
converted to, expel a projectile by the action of an explosive,
gunpowder or any other similar means.
(2) Is not in punitive segregation or administrative
segregation as a result of disciplinary action;
(3) Has maintained a record of good conduct in prison for a
period of at least three months immediately preceding the date of
his or her release on parole;
(4) Has prepared and submitted to the board Parole Board a
written parole release plan setting forth proposed plans for his or
her place of residence, employment and, if appropriate, his or her
plans regarding education and post-release counseling and treatment
Provided, That an inmate's application for parole may be considered
by the board without the prior submission of a home plan, but the
inmate shall have a home plan approved by the board prior to his or
her release on parole. The Commissioner of Corrections or his or
her designee shall review and investigate the plan to be reviewed
and investigated and provide recommendations to the board as to the
suitability of the plan: Provided, That in cases in which there is
a mandatory thirty-day notification period required prior to the
release of the inmate, pursuant to section twenty-three of this
article, the board may conduct an initial interview and deny parole without requiring the development of a plan. In the event the
board does not believe parole should be deniedbelieves parole
should be granted, it may defer a final decision pending completion
of an investigation and receipt of recommendations. Upon receipt
of the plan together with the investigation and recommendation, the
board, through a panel, shall make a final decision regarding the
granting or denial of parole; and
(5) Has satisfied the board that if released on parole he or
she will not constitute a danger to the community.
(c) Except in the case of a personan inmate serving a life
sentence, noa person who has been previously twice convicted of a
felony may not be released on parole until he or she has served the
minimum term provided by law for the crime for which he or she was
convicted. A personAn inmate sentenced for life may not be
paroled until he or she has served ten years, and a personan
inmate sentenced for life who has been previously twice convicted
of a felony may not be paroled until he or she has served fifteen
years: Provided, That a personan inmate convicted of first degree
murder for an offense committed on or after June 10, 1994, is not
eligible for parole until he or she has served fifteen years.
(d) In the case of a personan inmate sentenced to any state
correctional center, it is the duty of the boardinstitution, the
Parole Board, as soon as a personthat inmate becomes eligible, to
shall consider the advisability of his or her release on parole.
(e) If, upon consideration, parole is denied, the board shall
promptly notify the inmate of the denial. The board shall, at the time of denial, notify the inmate of the month and year he or she
may apply for reconsideration and review. The board shall at least
once a year reconsider and review the case of every inmate who was
denied parole and who is still eligible: Provided, That the board
may reconsider and review parole eligibility anytime within three
years following the denial of parole of an inmate serving a life
sentence with the possibility of parole.
(f) Any personinmate serving a sentence on a felony
conviction who becomes eligible for parole consideration prior to
being transferred to a state correctional centerinstitution may
make written application for parole. The terms and conditions for
parole consideration established by this article apply to such
inmatesthat inmate.
(g) The board shall, with the approval of the Governor, adopt
rules governing the procedure in the granting of parole. No
provision of this article and none of the rules adopted hereunder
under this article are intended or may be construed to contravene,
limit or otherwise interfere with or affect the authority of the
Governor to grant pardons and reprieves, commute sentences, remit
fines or otherwise exercise his or her constitutional powers of
executive clemency.
(h) (1) The Division of Corrections shall promulgate policies
and procedures for developing a rehabilitation treatment plan
created with the assistance of a standardized risk and needs
assessment. The policies and procedures shall include, but not be
limited to, policy and procedures forprovide for, at a minimum, screening and selecting inmates for rehabilitation treatment and
development, and use ofusing standardized risk and needs
assessment and substance abuse assessment tools, and prioritizing
the use of residential substance abuse treatment resources based on
the results of the standardized risk and needs assessment and a
substance abuse assessment. The results of all standardized risk
and needs assessments and substance abuse assessments are
confidential.
_____(2) An inmate shall not be paroled under paragraph (B),
subdivision (1), subsection (b) of this section solely due to
having successfully completed a rehabilitation treatment plan, but
completion of all the requirements of a rehabilitation parole
treatment plan along with compliance with the requirements of
subsection (b) of this section shall creates a rebuttable
presumption that parole is appropriate. The presumption created by
this subsectionsubdivision may be rebutted by a Parole Board
finding that, according to the standardized risk and needs
assessment, at the time parole release is sought the inmate still
constitutes a reasonable risk to the safety or property of other
persons if released. Nothing in subsection (b) of this section or
in this subsection may be construed to create a right to parole.
(i) Notwithstanding the provisions of subsection (b) of this
section, the Parole Board may, in its discretion, grant or deny
parole to an inmate against whom a detainer is lodged by a
jurisdiction other than West Virginia for service of a sentence of
incarceration, upon a written request for parole from the inmate. A denial of parole under this subsection shall precludeprecludes
consideration for parole for a period of one year or until the
provisions of subsection (b) of this section are applicable.
(j) WhereIf an inmate is otherwise eligible for parole
pursuant to subsection (b) of this section butand has completed
the rehabilitation treatment program required under subsection (h)
of this section, the Parole Board determines thatmay not require
the inmate shouldto participate in an additional program, orbut
may determine that the inmate must complete an assigned task or
tasks prior to actual release on parole. The board may grant
parole contingently, effective upon successful completion of the
program or assigned task or tasks, without the need for a further
hearing. The Commissioner of Corrections shall provide notice to
the Parole Board of the imminent release of a contingently paroled
inmate to effectuate appropriate supervision.
(k) (1) The Division of Corrections is charged with the duty
of supervisingshall supervise all probationers and parolees whose
supervision may have been undertaken by this state by reason of any
interstate compact entered into pursuant to the Uniform Act For
Out-of-State Parolee Supervision.(2) The Division of Corrections shall provide supervision,
treatment/recovery and support services for all persons released to
mandatory supervision under section twenty-seven, article five,
chapter twenty-eight of this code.
(l) (1) When considering an inmate of a state correctional
center for release on parole, the Parole Board panel considering the parole is toshall have before it an authentic copy of or
report on the inmate's current criminal record as provided through
the West Virginia State Police, the United States Department of
Justice or any other reliable criminal information sources and
written reports of the warden or superintendent of the state
correctional centerinstitution to which the inmate is sentenced:
(A) On the inmate's conduct record while in custody, including
a detailed statement showing any and all infractions of
disciplinary rules by the inmate and the nature and extent of
discipline administered thereforfor the infractions;
(B) On improvement or other changes noted in the inmate's
mental and moral condition while in custody, including a statement
expressive of the inmate's current attitude toward society in
general, toward the judge who sentenced him or her, toward the
prosecuting attorney who prosecuted him or her, toward the
policeman or other officer who arrested the inmate and toward the
crime for which he or she is under sentence and his or her previous
criminal record;
(C) On the inmate's industrial record while in custody which
shall include: The nature of his or her work, occupation or
education, the average number of hours per day he or she has been
employed or in class while in custody and a recommendation as to
the nature and kinds of employment which he or she is best fitted
to perform and in which the inmate is most likely to succeed when
he or she leaves prisonthe state correctional institution; and
(D) On any physical, mental, andpsychological or psychiatric examinations of the inmate. conducted, insofar as practicable,
within the two months next preceding parole consideration by the
board.
(2) The Parole Board panel considering the parole may waive
the requirement of any report when not available or not applicable
as to any inmate considered for parole but, in every such case,
shall enter in theits record thereof its reason for the waiver:
Provided, That in the case of an inmate who is incarcerated because
the inmate has been found guilty of, or has pleaded guilty to, a
felony under the provisions of section twelve, article eight,
chapter sixty-one of this code or under the provisions of article
eight-b or eight-c of said chapter, the Parole Board panel may not
waive the report required by this subsection. and The report is to
shall include a study and diagnosis of the inmate, including an
on-going treatment plan requiring active participation in sexual
abuse counseling at an approved mental health facility or through
some other approved program: Provided, however, That nothing
disclosed by the personinmate during the study or diagnosis may be
made available to any law-enforcement agency, or other party
without that person'sinmate's consent, or admissible in any court
of this state, unless the information disclosed indicates the
intention or plans of the parolee to do harm to any person, animal,
institution or to property. Progress reports of outpatient
treatment are to be made at least every six months to the parole
officer supervising the personparolee. In addition, in such
cases, the Parole Board shall inform the prosecuting attorney of the county in which the person was convicted of the parole hearing
and shall request that the prosecuting attorney inform the Parole
Board of the circumstances surrounding a conviction or plea of
guilty, plea bargaining and other background information that might
be useful in its deliberations.
(m) Before releasing any inmate on parole, the board of parole
Parole Board shall arrange for the inmate to appear in person
before a Parole Board panel and the panel may examine and
interrogate him or her on any matters pertaining to his or her
parole, including reports before the Parole Board made pursuant to
the provisions hereofof this section: Provided, That an inmate
may appear by video teleconference if the members of the Parole
Board panel conducting the examination are able to
contemporaneously see the inmate and hear all of his or her remarks
and if the inmate is able to contemporaneously see each of the
members of the panel conducting the examination and hear all of the
members' remarks. The panel shall reach its own written
conclusions as to the desirability of releasing the inmate on
parole and the majority of the panel considering the release shall
must concur in the decision. The warden or superintendent shall
furnish all necessary assistance and cooperate to the fullest
extent with the Parole Board. All information, records and reports
received by the Parole Board are toshall be kept on permanent
file.
(n) The Parole Board and its designated agents are at all
times to have access to inmates imprisoned in any state correctional centerinstitution or in any jail in this state and
may obtain any information or aid necessary to the performance of
its duties from other departments and agencies of the state or from
any political subdivision thereofof the state.
(o) The Parole board shall, if so requested by the Governor,
investigate and consider all applications for pardon, reprieve or
commutation and shall make recommendation thereonon the
applications to the Governor.
(p) (1) Prior to making a recommendation for pardon, reprieve
or commutation, and prior to releasing any inmate on parole the
board shall notify the sentencing judge and prosecuting attorney at
least ten days before the recommendation or parole.(2) Notwithstanding any other provision of law to the
contrary, if the board grants a person parole, the board shall
provide written notice to the prosecuting attorney and circuit
judge of the county in which the inmate was prosecuted, that parole
has been granted. The notice shall be sent by certified mail,
return receipt requested and include the anticipated date of
release and the person's anticipated future residence. A written
statement of reasons for releasing the person, prepared pursuant to
subsection (b) of this section, shall be provided upon request.
(q) Any person released on paroleA parolee shall participate
as a condition of parole in the litter control program of the
county to which he or she is released to the extent directed by the
Parole Board, unless the board specifically finds that this
alternative service would be inappropriate.(r) Except for the amendments to this section contained in
subdivision (4), subsection (b) and subsection (i) of this section
the amendments to this section enacted during the 2010 regular
session of the Legislature shall become effective on January 1,
2011.§62-12-14a. Director of employment; director of housing; released
inmates; duties.
The board shall have authority toCommissioner of Corrections
may employ or contract for a director of employment and a director
of housing for paroled or pardoned prisoners. It shall be the duty
of thereleased inmates. The director of employment shall work
with federal, state, county and local government and private
entities to negotiate agreements which facilitate employment
opportunities for released inmates. The director of housing shall
work with federal, state, county and local government and private
entities to negotiate agreements which facilitate housing
opportunities for released inmates. The director toof employment
shall investigate job opportunities and to give every possible
assistance in helping prisoners, eligible to be paroled or who have
been granted parole under this article toreleased inmates find
employment. The director of housing shall work in conjunction with
the parole division and the Parole Board to reduce release delays
due to lack of a home plan, develop community housing resources and
provide short-term loans to released inmates for costs related to
reentry into the community.§62-12-15. Powers and duties of state parole officers.(a) Each state parole officer shall:(1) Investigate all cases referred to him or her for
investigation by the Commissioner of Corrections and shall report
in writing thereon; He or she or she shall furnishon the
investigation;
_____(2) Update the standardized risk and needs assessment adopted
by the Division of Corrections under subsection (h), section
thirteen of this article for each parolee for whom an assessment
has not been conducted for parole by a specialized assessment
officer;
_____(3) Supervise each parolee according to the assessment and
supervision standards determined by the Commissioner of
Corrections;
_____(4) Furnish to each person released on paroleparolee under
his or her supervision a written statement of the conditions of his
or her parole together with a copy of the rules prescribed by the
board, as the case may beCommissioner of Corrections for the
supervision of parolees; He or she or she shall keep(5) Keep informed concerning the conduct and condition of each
personparolee under his or her supervision and shall report
thereonon the conduct and condition of each parolee in writing as
often as required by the Commissioner of Corrections may require;
He or she or she shall use;(6) Use all practicable and suitable methods to aid and
encourage persons on parolea parolee and to bring about
improvement in theirhis or her conduct and condition; He or she or she shall keep(7) Keep detailed records of his or her work; shall keep(8) Keep accurate and complete accounts of and give receipts
for all money collected from personsparolees under his or her
supervision and shall pay over the money to those persons
designated by a circuit court or the Commissioner of Corrections
may designate; He or she or she shall give;(9) Give bond with good security, to be approved by the
Commissioner of Corrections, in a penalty of not less than $1,000
nor more than $3,000, as determined by the Commissioner of
Corrections may determine; and also perform(10) Perform any other duties required by the Commissioner may
requireof Corrections.
(b) He or she has authorityEach state parole officer may,
with or without an order or warrant, to arrest or order confinement
of any parolee. He or she has all the powers of a notary public,
with authority to act anywhere within the state.(c) The Commissioner of Corrections may issue a certificate
authorizing any state parole officer who has successfully completed
the Division of Corrections' training program for firearms
certification, which is the equivalent of that required of deputy
sheriffs, to carry firearms or concealed weapons. Any parole
officer authorized by the Commissioner of Corrections may, without
a state license, carry firearms and concealed weapons. Each state
parole officer, authorized by the Commissioner of Corrections,
shall carry with him or her a certificate authorizing him or her to carry a firearm or concealed weapon bearing the official signature
of the Commissioner of Corrections.§62-12-17. Conditions of release on probation and parole.
(a) Release and supervision on parole of any person, including
the supervision by the Division of Corrections of any person
paroled by any other state or by the federal government, shall be
upon the following conditions:
(1) That the parolee may not, during the period of his or her
parole, violate any criminal law of this or any other state or of
the United States;
(2) That he or shethe parolee may not, during the period of
his or her parole, leave the state without the consent of the
Division of Corrections;
(3) That he or she shall complythe parolee complies with the
rules prescribed by the Division of Corrections for his or her
supervision by the parole officer;
(4) That in every case in which the parolee for a conviction
is seeking parole from an offense against a child, defined in
section twelve, article eight, chapter sixty-one of this code, or
article eight-b or eight-d of said chapter, or similar convictions
from other jurisdictions where the parolee is returning or
attempting to return to this state pursuant to the provisions of
article six, chapter twenty-eight of this code, the parolee may not
live in the same residence as any minor child nor exercise
visitation with any minor child nor may he or she have any contact
with the victim of the offense; and
(5) That the parolee, and all federal or foreign state
probationers and parolees whose supervision may have been
undertaken by this state, is required to pay a fee, based on his or
her ability to pay, not to exceed $40 per month to defray the costs
of supervision.
(b) The Commissioner of Corrections shall keep a record of all
actions taken and account for moneys received. No provision of
this section prohibits the division from collecting the fees and
conducting the checks upon the effective date of this section. All
moneys shall be deposited in a special account in the State
Treasury to be known as the Parolee's Supervision Fee Fund.
Expenditures from the fund shall be for the purposes of providing
the parole supervision required by the provisions of this code and
are not authorized from collections, but are to be made only in
accordance with appropriation by the Legislature and in accordance
with the provisions of article three, chapter twelve of this code
and upon the fulfillment of the provisions set forth in article
two, chapter five-a of this code. Amounts collected which are
found, from time to time, to exceed the funds needed for purposes
set forth in this article may be transferred to other accounts or
funds and redesignated for other purposes by appropriation of the
Legislature.
(c) The Division of Corrections shall consider the following
factors in determining whether a parolee or probationer is
financially able to pay the fee:
(1) Current income prospects for the parolee or probationer, taking into account seasonal variations in income;
(2) Liquid assets of the parolee or probationer, assets of the
parolee or probationer that may provide collateral to obtain funds
and assets of the parolee or probationer that may be liquidated to
provide funds to pay the fee;
(3) Fixed debts and obligations of the parolee or probationer,
including federal, state and local taxes and medical expenses;
(4) Child care, transportation and other reasonably necessary
expenses of the parolee or probationer related to employment; and
(5) The reasonably foreseeable consequences for the parolee or
probationer if a waiver of, or reduction in, the fee is denied.
(d) In addition, the Division of Corrections may impose,
subject to modification at any time, any other conditions which the
Division considers advisable.(e) The Division of Corrections may order substance abuse
treatment as a condition or as a modification of parole, only if
the standardized risk and needs assessment indicates the offender
has a high risk for reoffending and a need for substance abuse
treatment.
_____(f) The Division of Corrections may impose, as an initial
condition of parole, a term of reporting to a day report center or
other community corrections program only if the standardized risk
and needs assessment indicates a moderate to high risk of
reoffending and moderate to high criminogenic need. Any parolee
required to report to a day report center or other community
corrections program is subject to all the rules and regulations of the center or program and may be removed at the discretion of the
center's or program's director. The Commissioner of Corrections
shall enter into a master agreement with the Division of Justice
and Community Services to provide reimbursement to counties for the
use of community corrections programs by eligible parolees. Any
placement by the Division of Corrections of a parolee in a day
report center or other community corrections program may only be
done with the center's or program's director's consent and the
parolee is subject to all of the rules and regulations of the
center or program and may be removed by the director.§62-12-19. Violation of parole.
(a) If at any time during the period of parole there is
reasonable cause to believe that the parolee has violated any of
the conditions of his or her release on parole, the parole officer
may arrest him or her with or without an order or warrant, or the
Commissioner of Corrections may issue a written order or warrant
for his or her arrest. which The written order or warrant is
sufficient for his or her arrest by any officer charged with the
duty of executing an ordinary criminal process. The commissioner's
written order or warrant delivered to the sheriff against the
paroled prisonerparolee shall be a command to keep custody of the
parolee for the jurisdiction of the Division of Corrections. and
duringDuring the period of custody, the parolee may be admitted to
bail by the court before which the parolee was sentenced. If the
parolee is not released on a bond, the costs of confining the
paroled prisoner shall be paid out of the funds appropriated for the Division of Corrections.(1) If reasonable cause is found to exist that a parolee has
violated a term or terms of his or her release on parole that does
not constitute:
_____(A) Absconding supervision;
_____(B) New criminal conduct other than a minor traffic violation
or simple possession of a controlled substance; or
_____(C) Violation of a special condition of parole designed either
to protect the public or a victim;
the parole officer may, after consultation with and written
approval by the director of parole services, for the first
violation, require the parolee to serve a period of confinement up
to sixty days, or, for the second violation, a period of
confinement up to one hundred twenty days: Provided, That the
Division of Corrections shall notify the Parole Board when a
parolee is serving such a term of confinement and the Parole Board
may deny further confinement. A parolee serving a term of
confinement in the first or second instance may be confined in jail
or any other facility designated by the commissioner, but shall be
committed to the custody of the Commissioner of Corrections, and
the costs of confining the parolee shall be paid out of funds
appropriated for the Division of Corrections: Provided, however,
That upon written request, the parolee shall be afforded the right
to a hearing within forty-five days before the Parole Board
regarding whether he or she violated the conditions of his or her
release on parole.
_____(b)(2) When a parolee is under arrestin custody for a
violation of the conditions of his or her parole, he or she shall
be given a prompt and summary hearing before a Parole Board panel
of the Boardupon his or her written request, at which the parolee
and his or her counsel areshall be given an opportunity to attend.(A) If at the hearing it appears to the satisfaction of the
panelis determined that reasonable cause exists to believe that
the parolee has: violated any condition of his or her release on
parole, or any rules or conditions of his or her supervision
_____(i) Absconded supervision;
_____(ii) Committed new criminal conduct other than a minor traffic
violation or simple possession of a controlled substance; or
_____(iii) Violated a special condition of parole design to protect
either the public or a victim,
the panel may revoke his or her parole and may require him or her
to serve in prisona state correctional institution the remainder
or any portion of his or her maximum sentence for which, at the
time of his or her release, he or she was subject to imprisonment.(B) If the Parole Board panel finds that reasonable cause
exists to believe that the parolee has violated a condition of
release or supervision other than the conditions of parole set
forth in subparagraph (A), subdivision (2) of this subsection, the
panel shall require the parolee to serve, for the first violation,
a period of confinement up to sixty days, or, for the second
violation, a period of confinement up to one hundred twenty days
unless the Parole Board makes specific written findings of fact that a departure from the specific limitations of this paragraph is
warranted:Provided, That if the violation of the conditions of
parole or rules for his or her supervision is not a felony as set
out in section eighteen of this article, the panel may, if in its
judgment the best interests of justice do not require revocationa
period of confinement, reinstate him or her on parole. The
Division of Corrections shall effect release from custody upon
approval of a home plan.(b) Notwithstanding any provision of this code to the
contrary, when reasonable cause has been found to believe that a
parolee has violated the conditions of his or her parole but the
violation does not constitute felonious conduct, the commissioner
may, in his or her discretion and with the written consent of the
parolee, allow the parolee to remain on parole with additional
conditions or restrictions. The additional conditions or
restrictions may include, but are not limited to, participation in
any program described in subsection (d), section five, article
eleven-c of this chapter. Compliance byIf the parolee complies
with the conditions of parole precludes revocation ofthe
commissioner may not revoke his or her parole for the conduct which
constituted the violation. Failure ofIf the parolee fails to
comply with the conditions or restrictions and all other conditions
of release, that failure is an additional violation of parole and
the commissioner may proceed against the parolee may be proceeded
against under the provisions of this section for the original
violation as well as any subsequent violations.
(c) When a parolee has violated the conditions of his or her
release on parole by confession to, or being convicted of, any of
the crimes set forth in section eighteen of this article, he or she
shall be returned to the custody of the Division of Corrections to
serve the remainder of his or her maximum sentence, during which
remaining part of his or her sentence he or she is ineligible for
further parole.
(d) Whenever thea person's parole of a paroled prisoner has
been revoked, the commissioner shall, upon receipt of the panel's
written order of revocation, convey and transport the paroled
prisoner to a state correctional institution. A paroled prisoner
parolee whose parole has been revoked shall remain in custody of
the sheriff until delivery to a corrections officer sent and duly
authorized by the commissioner for the removal of the paroled
prisonerparolee to a state penalcorrectional institution. The
cost of confining the paroled prisonerparolee shall be paid out of
the funds appropriated for the Division of Corrections.
(e) When a paroled prisonerparolee is convicted of, or
confesses to, any one of the crimes enumerated in section eighteen
of this article, it is the duty of the Parole Board to cause him or
her to be returned to this state for a summary hearing as provided
by this article. Whenever a parolee has absconded supervision, the
commissioner shall issue a warrant for his or her apprehension and
return to this state for the hearing provided for in this article:
Provided, That the panel considering revocation may, if it
determines the best interests of justice do not require revocation, cause the paroled absconderparolee to be reinstated to parole.
(f) A warrant filed by the commissioner shall stay the running
of his or her sentence until the parolee is returned to the custody
of the Division of Corrections and is physically in West Virginia.
(g) Whenever a parolee who has absconded supervision or has
been transferred out of this state for supervision pursuant to
section one, article six, chapter twenty-eight of this code is
returned to West Virginia due to a violation of parole and costs
are incurred by the Division of Corrections, the commissioner may
assess reasonable costs from the parolee's inmate funds or the
parolee as reimbursement to the Division of Corrections for the
costs of returning him or her to West Virginia.
(h) Conviction of a felony for conduct occurring during the
period of parole is proof of violation of the conditions of parole
and the hearing procedures required by the provisions of this
section are inapplicable.
(i) The Commissioner of the Division of Corrections may issue
subpoenas for persons and records necessary to prove a violation of
the terms and conditions of a parolee's parole either at a
preliminary hearing or at a final hearing before a panel of the
Parole Board panel. The subpoenas shall be served in the same
manner provided in the Supreme Court of Appeals of West Virginia
Rules of Criminal Procedure. The subpoenas may be enforced by the
commissioner through application or petition of the commissioner to
the circuit court for contempt or other relief.
§62-12-29. Shared information for community supervision.
(a) The Administrative Director of the Supreme Court of
Appeals of West Virginia is requested to assemble a community
supervision committee, to include representatives of the judiciary,
probation, parole, day report centers, magistrates, sheriffs,
corrections and other members at the discretion of the director.
The administrative director shall appoint a chair from among the
members, and attend the meeting ex officio.
(b) The committee shall:
(1) Design and deploy a method for probation officers, parole
officers, day report centers and others providing community
supervision to electronically share offender information and
assessments;
(2) Coordinate information reporting and access across
agencies continuing supervision;
(3) Collect and share information about assessed and collected
restitution among agencies continuing supervision;
(4) Collect sentencing-level data to enable the study of
sentencing practices across the state; and
(5) Coordinate with the Community Corrections Subcommittee of
the Governor's Committee on Crime, Delinquency and Correction in
the discharge of these duties.
(c) The committee shall annually submit a report on its
activities during the previous year, on or before September 30, to
the Governor, the Speaker of the House of Delegates, the President
of the Senate and, upon request, to any individual member of the
Legislature.ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.§62-15-2. Definitions.
For the purposes of this article:
(1) "Assessment" means a diagnostic evaluation to determine
whether and to what extent a person is a drug offender under this
article and would benefit from its provisions. The assessment
shall be conducted in accordance with the standards, procedures,
and diagnostic criteria designed to provide effective and
cost-beneficial use of available resourcesstandardized risk and
needs assessment and risk cut-off scores adopted by the West
Virginia Supreme Court of Appeals. The results of all standardized
risk and needs assessments and risk cut-off scores are
confidential.
(2) "Continuum of care" means a seamless and coordinated
course of substance abuse education and treatment designed to meet
the needs of drug offenders as they move through the criminal
justice system and beyond, maximizing self-sufficiency.
(3) "Controlled substance" means a drug or other substance for
which a medical prescription or other legal authorization is
required for purchase or possession.
(4) "Drug" means a controlled substance, an illegal drug or
other harmful substance.
(5) "Drug court" means a judicial intervention process that
incorporates the Ten Key Components and may include preadjudication
or post-adjudication participation.
(6) "Drug court team" mayshall consist of the following members who are assigned to the drug court:
(A) The drug court judge, which may include a magistrate,
mental hygiene commissioner or other hearing officer;
(B) The prosecutor;
(C) The public defender or a member of the criminal defense
bar;
(D) A representative from the day report center or community
corrections program, if operating in the jurisdiction;
(E) A law-enforcement officer;
(F) The drug court coordinator;
(G) A representative from a circuit court probation office or
the division of parole supervision or both;
(H) One or more substance abuse treatment providers; and
(I) Any other persons selected by the drug court team.
(7) "Drug offender" means an adult person charged with a
drug-related offense or an offense in which substance abuse is
determined from the evidence to have been a factor in the
commission of the offense.
(8) "Dual diagnosis" means a substance abuse and cooccurring
mental health disorder.
(9) "Local advisory committee" may consist of the following
members or their designees:
(A) A drug court circuit judge, who shall serve as chair;
(B) Drug court magistrate(s)magistrates;
(C) The prosecutor;
(D) A public defender;
(E) The drug court coordinator;
(F) A member of the criminal defense bar;
(G) The circuit clerk;
(H) A day report center director;
(I) A circuit court probation officer, parole officer or both;
(J) Law enforcement;
(K) One or more substance abuse treatment providers;
(L) A corrections representative; and
(M) Any such other person or persons the chair deemsconsiders
appropriate.
(10) "Illegal drug" means a drug whose manufacture, sale, use
or possession is forbidden by law;
(11) "Memorandum of Understanding" means a written document
setting forth an agreed upon procedure.
(12) "Offender" means an adult charged with a criminal offense
punishable by incarceration.
(13) "Other harmful substance" means a misused substance
otherwise legal to possess, including alcohol.
(14) "Preadjudication order" means a court order requiring a
drug offender to participate in drug court before charges are filed
or before conviction.
(15) "Post adjudication" means a court order requiring a drug
offender to participate in drug court after having entered a plea
of guilty or nolo contendre or having been found guilty.
(16) "Recidivism" means any subsequent arrest for a serious
offense (carrying a sentence of at least one year) resulting in the filing of a charge.
(17) "Relapse" means a return to substance use after a period
of abstinence.
(18) "Split sentencing" means a sentence which includes a
period of incarceration followed by a period of supervision.
(19) "Staffing" means the meeting before a drug offender's
appearance in drug court in which the drug court team discusses a
coordinated response to the drug offender's behavior.
(20) "Substance" means drugdrugs or alcohol.
(21) "Substance abuse" means the illegal or improper
consumption of a drugsubstance.
(22) "Substance abuse treatment" means a program designed to
provide prevention, education, and therapy directed toward ending
substance abuse and preventing a return to substance usage, through
a continuum of care, including: Treatment of cooccurring substance
abuse and mental health issues; outpatient care; intensive
outpatient care; residential care; peer support; relapse
prevention; and cognitive behavioral programming, based on research
about effective treatment/recovery models for the offender
population.
(23) "Ten key components" means the following benchmarks
intended to describe the very best practices, designs and
operations of drug courts. These benchmarks are meant to serve as
a practical, yet flexible framework for developing effective drug
courts in vastly different jurisdictions and to provide a structure
for conducting research and evaluation for program accountability:
(A) Drug courts integrate alcohol and other drug treatment
services with justice system case processing;
(B) Using a nonadversarial approach, prosecution and defense
counsel promote public safety while protecting participants' due
process rights;
(C) Eligible participants are identified early and promptly
placed in the drug court program;
(D) Drug courts provide access to a continuum of alcohol, drug
and other related treatment and rehabilitation services;
(E) Abstinence is monitored by frequent alcohol and other drug
testing;
(F) A coordinated strategy governs drug court responses to
participants' compliance;
(G) Ongoing judicial interaction with each drug court
participant is essential;
(H) Monitoring and evaluation measure the achievement of
program goals and gauge effectiveness;
(I) Continuing interdisciplinary education promotes effective
drug court planning, implementation and operations; and
(J) Forging partnerships among drug courts, public agencies
and community-based organizations generates local support and
enhances drug court effectiveness.(24) "Treatment supervision" means a program under which an
eligible felony drug offender, pursuant to section six-a of this
article, is ordered to undergo treatment for substance abuse by a
circuit court judge as a condition of drug court, a condition of probation or as a modification of probation.§62-15-4. Court authorization and structure.
(a) Each judicial circuit or two or more adjoining judicial
circuits may establish a drug court or regional drug court program
under which drug offenders will be processed to address
appropriately, the identified substance abuse problem as a
condition of pretrial release, probation, incarceration, parole or
other release from a correctional facility: Provided, That all
judicial circuits must be participating in a drug court or regional
drug court program in accordance with the provisions of this
article by July 1, 2016.
(b) The structure, method, and operation of each drug court
program may differ and should be based upon the specific needs of
and resources available to the judicial circuit or circuits where
the drug court program is located.
(c) A drug court program may be preadjudication or post-
adjudication for an adult offender.
(d) Participation in drug court, with the consent of the
prosecution and the court, shall be pursuant to a written
agreement.
(e) A drug court may grant reasonable incentives under the
written agreement if it finds that the drug offender:
(1) Is performing satisfactorily in drug court;
(2) Is benefitting from education, treatment and
rehabilitation;
(3) Has not engaged in criminal conduct; or
(4) Has not violated the terms and conditions of the
agreement.
(f) A drug court may impose reasonable sanctions on the drug
offender, including incarceration for the underlying offense or
expulsion from the program, pursuant to the written agreement, if
it finds that the drug offender:
(1) Is not performing satisfactorily in drug court;
(2) Is not benefitting from education, treatment or
rehabilitation;
(3) Has engaged in conduct rendering him or her unsuitable for
the program;
(4) Has otherwise violated the terms and conditions of the
agreement; or
(5) Is for any reason unable to participate.
(g) Upon successful completion of drug court, a drug
offender's case shall be disposed of by the judge in the manner
prescribed by the agreement and by the applicable policies and
procedures adopted by the drug court. This may include, but is not
limited to, withholding criminal charges, dismissal of charges,
probation, deferred sentencing, suspended sentencing, split
sentencing, or a reduced period of incarceration.
(h) Drug court shall include the Ten Key Components and the
drug court team shall act to ensure compliance with them.
(i) Nothing contained in this article confers a right or an
expectation of a right to participate in a drug court nor does it
obligate a drug court to accept every drug offender.
(j) Neither the establishment of a drug court nor anything
herein may be construed as limiting the discretion of the
jurisdiction's prosecutor to act on any criminal case which he or
she deems advisable to prosecute.
(k) Each drug court judge may establish rules and may make
special orders as necessary that do not conflict with rules and
orders promulgated by the Supreme Court of Appeals which has
administrative authority over the courts. The Supreme Court of
Appeals shall provide uniform referral, procedure and order forms
that shall be used in all drug courts in this state.§62-15-6a. Treatment supervision.
(a) A felony drug offender is eligible for treatment
supervision only if the offender would otherwise be sentenced to
prison, and the standardized risk and needs assessment indicates
the offender has a high risk for reoffending and a need for
substance abuse treatment: Provided, That an inmate who is, or has
been, convicted for a felony crime of violence against the person,
a felony offense where the victim was a minor child or a felony
offense involving the use of a firearm, as defined in subsections
(o) and (p), section twenty-seven, article five, chapter twenty-
eight of this code, shall not be eligible for treatment
supervision.
(b) As a condition of drug court, a condition of probation or
as a modification of probation, a circuit court judge may impose
treatment supervision on an eligible drug offender convicted of a
felony: Provided, That a judge may impose treatment supervision on an eligible drug offender convicted of a felony, notwithstanding
the results of the risk assessment, upon making specific written
findings of fact as to the reason for the departure.
(c) Whenever a circuit court judge determines that a treatment
supervision participant has violated the conditions of his or her
treatment supervision involving the participant's use of alcohol or
a controlled substance, the judge may order a period of
incarceration to encourage compliance with program requirements.
(1) Upon written finding by the circuit court judge that the
participant would otherwise be sentenced to the custody of the
Commissioner of Corrections for service of the underlying sentence,
the cost of the incarceration order under this subsection, not to
exceed a period of thirty days in any one instance, shall be paid
by the Division of Corrections.
(2) Whenever a circuit court judge orders the incarceration of
a treatment supervision participant pursuant to this subsection, a
copy of the order of confinement shall be provided by the clerk of
the circuit court within five days to the Commissioner of
Corrections.
(d) The Division of Justice and Community Services shall in
consultation with the Governor's Advisory Council on Substance
Abuse, created by Executive Order No. 5-11, use appropriated funds
to develop proposed substance abuse treatment plans to serve those
offenders under treatment supervision in each judicial circuit and
on parole supervision.
(e) The Division of Justice and Community Services, in consultation with the Governor's Advisory Committee on Substance
Abuse, shall develop:
(1) Qualifications for provider certification to deliver a
continuum of care to offenders;
(2) Fee reimbursement procedures; and
(3) Other matters related to the quality and delivery of
services.
(f) The Division of Justice and Community Services shall
require education and training for providers which shall include,
but not be limited to, cognitive behavioral training. The duties
of providers who provide services under this section may include:
notifying the probation department and the court of any offender
failing to meet the conditions of probation or referrals to
treatment; appearing at revocation hearings when required; and
providing assistance with data reporting and treatment program
quality evaluation.
(g) The cost for all drug abuse assessments and certified drug
treatment under this section and subsection (e), section seventeen,
article twelve of this chapter shall be paid by the Division of
Justice and Community Services from funds appropriated for that
purpose. The Division of Justice and Community Services shall
contract for payment for the services provided to eligible
offenders.
(h) The Division of Justice and Community Services, in
consultation with the Governor's Advisory Council on Substance
Abuse, shall submit an annual report on or before September 30, to the Governor, the Speaker of the House of Delegates, the President
of the Senate and, upon request, to any individual member of the
Legislature containing:
(1) The dollar amount and purpose of funds provided for the
fiscal year;
(2) The number of people on treatment supervision who received
services and whether their participation was the result of a direct
sentence or in lieu of revocation;
(3) The number of people on treatment supervision who,
pursuant to a judge's specific written findings of fact, received
services despite the risk assessment indicating less than high risk
for reoffending and a need for substance abuse treatment;
(4) The type of services provided;
(5) The rate of revocations and successful completions for
people who received services;
(6) The number of people under supervision receiving treatment
under this section who were rearrested and confined within two
years of being placed under supervision;
(7) The dollar amount needed to provide services in the
upcoming year to meet demand and the projected impact of reductions
in program funding on cost and public safety measures; and
(8) Other appropriate measures used to measure the
availability of treatment and the effectiveness of services.
(i) Subsections (a), (b) and (c) of this section shall take
effect on January 1, 2014. The remaining provisions of this
section shall take effect on July 1, 2013.§62-15-6b. Intermediate incarceration sanctions for drug court
participants; responsibility for costs of incarceration. (a) Whenever a judge of a drug court determines that a
participant who has pled to a felony offense has committed a
violation of his or her conditions of participation which would, in
the judge's opinion, warrant a period of incarceration to encourage
compliance with program requirements, the cost of the
incarceration, not to exceed a period of thirty days in any one
instance, shall be paid by the Division of Corrections. The judge
must make a written finding that the participant would otherwise be
sentenced to the custody of the Commissioner of Corrections for
service of the underlying sentence.
(b) Whenever a drug court judge incarcerates a participant
pursuant to subsection (a) of this section, the clerk of the
circuit court shall provide a copy of the order of confinement
within five days to the Commissioner of Corrections.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Com. Sub. for Senate Bill No. 371--A Bill
to amend and reenact §25-1-15 of the Code of West Virginia, 1931,
as amended; to amend and reenact §28-5-27 of said code; to amend
said code by adding thereto two new sections, designated §31-20-5g
and §31-20-5h; to amend and reenact §61-7-6 of said code; to amend
and reenact §62-11A-1a of said code; to amend and reenact §62-11B-9
of said code; to amend and reenact §62-11C-2, §62-11C-3 and §62-11C-6 of said code; to amend said code by adding thereto a new
section, designated §62-11C-10; to amend and reenact §62-12-6,
§62-12-7, §62-12-9, §62-12-10, §62-12-13, §62-12-14a, §62-12-15,
§62-12-17 and §62-12-19 of said code; to amend said code by adding
thereto a new section, designated §62-12-29; to amend and reenact
§62-15-2 and §62-15-4 of said code; and to amend said code by
adding thereto two new sections, designated §62-15-6a and §62-15-
6b, all relating to public safety; requiring the Division of
Corrections to perform graduated methods of mental health screens,
appraisals and evaluations on persons committed to its custody;
eliminating requirement for separate disciplinary rules at each
institution; mandating one year of supervised release for violent
inmates and deducting one year of their good time; authorizing
judges to require up to one hundred eighty days of a nonviolent
offender's sentence to be served as post-release mandatory
supervision; setting an effective date for supervised release
provisions; requiring the Commissioner of Corrections to adopt
policies regarding mandatory supervised release; requiring the West
Virginia Regional Jail and Correctional Facility Authority to use
a standardized pretrial risk-screening instrument adopted by the
Supreme Court of Appeals of West Virginia to screen persons
arrested and placed in a regional jail; providing for the
confidentiality of risk assessments and their inadmissability at
criminal and civil trials; requiring the Division of Corrections to
develop and implement a cognitive behavioral program for inmates in
regional jails committed to the custody of the Commissioner of Corrections and requiring the Division of Corrections to pay its
cost; exempting parole officers from prohibitions against carrying
concealed weapons; moving definition of "day report center" to
section relating to conditions of release on probation; providing
standards and limitations under which judges and magistrates may
impose a period of supervision or participation in day report
program; clarifying language regarding confinement and revocation
for violations of the conditions of home incarceration; adding
representative of the Bureau for Behavioral Health and Health
Facilities to the community corrections subcommittee of the
Governor's Committee on Crime, Delinquency and Correction;
requiring that the community corrections subcommittee review,
assess and report on the implementation of evidence-based practices
in the criminal justice system; adding member with a background in
substance abuse treatment and services to the community criminal
justice boards to be appointed by the Commission or Commissions of
the county or counties represented by the board; providing
oversight responsibility to Division of Justice and Community
Services to implement standardized risk and needs assessment,
evaluate effectiveness of other modifications to community
corrections programs and provide annual report; requiring probation
officers to conduct a standardized risk and needs assessment for
individuals placed on probation and to supervise probationer and
enforce probation according to assessment and supervision standards
adopted by the West Virginia Supreme Court of Appeals; requiring
probation officers to perform random drug and alcohol tests of persons under their supervision; authorizing the Supreme Court of
Appeals of West Virginia to adopt a standardized risk and needs
assessment for use by probation officers; authorizing the Supreme
Court of Appeals of West Virginia to adopt a standardized pretrial
screening instrument for use by the Regional Jail Authority;
providing standards and limitations under which judges may impose
a term of reporting to a day report center as a condition of
probation; authorizing day report center programs to provide
services based on the results of a person's standardized risk and
needs assessment; providing for graduated sanctions in response to
violations of the conditions of release on probation other than
absconding, committing certain new criminal conduct or violating
special condition of probation; creating exceptions to new criminal
conduct provisions; making standardized risk and needs assessments
confidential court documents; requiring copies of graduated
sanctions confinement orders be supplied to the Commissioner of
Corrections; providing that graduated sanctions confinement be paid
by the Division of Corrections; providing that judges may depart
from graduated sanctions limitations upon specific written
findings; revising eligibility requirements for accelerated parole
program; providing that parole applications may be considered by
the parole board without prior submission a home plan; requiring
that Division of Corrections' policies and procedures for
developing a rehabilitation treatment plan include the use of
substance abuse assessment tools and prioritize treatment resources
based on the risk and needs assessment and substance abuse assessment results; providing for rebuttable presumption that
parole is appropriate for inmates completing the accelerated parole
program and a rehabilitation treatment program; providing standards
and limitations for Parole Board; outlining duties of the Division
of Corrections to supervise, treat and provide support services for
persons released on mandatory supervised release; removing temporal
standard for requirement that the Parole Board have access to a
copy of an inmate's physical, mental or psychiatric examination;
clarifying the Parole Board's duty to notify prosecuting attorneys
of an offender's release on parole; authorizing Division of
Corrections to employ directors of housing and employment for
released inmates with duties relating to the reduction of parole
release delays and finding employment; requiring parole officers to
update the standardized risk and needs assessment for each person
for whom an assessment has not been conducted for parole and to
supervise each person according to the assessment and the
commissioner's supervision standards; authorizing the Commissioner
of Corrections to issue a certificate authorizing an eligible
parole officer to carry firearms or concealed weapons; providing
standards and limitations under which the Division of Corrections
may order substance abuse treatment or impose a term of reporting
to a day report center or other community corrections program as a
condition or modification of parole; authorizing the Commissioner
of Corrections to enter into a master agreement with the Division
of Justice and Community Services to reimburse counties for use of
the community corrections programs; clarifying that parolee participation in community corrections is at program director's
discretion; providing for graduated sanctions in response to
violations of the conditions of release on parole other than
absconding, certain new criminal conduct or violating a special
condition of parole; providing a parolee with the right to a
hearing, upon request, regarding whether he or she violated the
conditions of his or her release on parole; providing the authority
for the Board of Parole to depart from graduated sanction;
providing that graduated sanctions incarceration for parolees be
paid for by Division of Corrections; providing for a Community
Supervision Committee to be appointed by the Administrative
Director of the Supreme Court of Appeals of West Virginia to
coordinate the sharing of information for community supervision and
requiring an annual report; revising definitions for Drug Offender
Accountability and Treatment Act; requiring all judicial circuits
to participate in a drug court or regional drug court program by
July 1, 2016; providing standards and limitations under which
judges may order treatment supervision for drug offenders;
providing that a judge may order a period of confinement to
encourage compliance with treatment supervision to be paid b the
division of Correction for up to thirty days for each instance;
requiring the Division of Justice and Community Services to use
appropriated funds to implement substance abuse treatment to serve
those under treatment supervision in each judicial circuit;
providing that the Division of Justice and Community Services in
consultation with the Governor's Advisory Committee on Substance Abuse is responsible for developing standards relating to quality
and delivery of substance abuse services; requiring certain
education and training; paying for drug abuse assessments and
certified drug treatment from appropriated funds; requiring
submittal of an annual report and specifying an effective date;
outlining duties of treatment supervision service providers;
providing effective dates for provisions related to treatment
supervision; providing for state payment of drug court
participants' incarceration under certain circumstances; defining
terms; and making technical changes. On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 371, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 371) passed with its House of Delegates amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2013, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Com. Sub. for Senate Bill No. 401, Relating to Board of
Registration for Professional Engineers.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page five, section thirteen, line forty-three, by striking
out the word "forgoing" and inserting in lieu thereof the word
"foregoing";
On page five, section thirteen, line fifty-three, by striking
out the word "possessing" and inserting in lieu thereof the word
"possesses";
On page six, section thirteen, lines fifty-nine through sixty-
five, by striking out all of subdivision (2) and inserting in lieu
thereof a new subdivision, designated subdivision (2), to read as
follows:
(2) Holds a valid council record with NCEES, which is the
compilation of documents maintained by NCEES of an applicant's qualifications as a professional engineer, including official
transcripts, engineering examination results, employment
verifications and references, which indicates that the applicant
meets the requirements of this article.;
On page six, section thirteen, line seventy-one, after the
word "engineer" by changing the comma to a period;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 401--A Bill to amend and
reenact §30-13-6, §30-13-13, §30-13-15 and §30-13-17 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §30-13-13a, all relating to the
Board of Registration for Professional Engineers; providing
requirements for registration and certification of engineers,
engineer interns and engineering businesses; providing for
compensation of, and reimbursement for, members of the board at
same rate as legislative interim pay; providing for registration of
engineers generally; adding additional classifications of
registration; setting forth qualifications for engineer interns;
establishing designations for engineers ineligible to practice;
updating examination provisions to comport with changes at the
national level; providing emergency rule-making authority to comply
with changes in standardized tests; and clarifying the certificate
of authorization requirements.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 401, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 401) passed with its House of Delegates
amended title.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 401) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as toEng. Senate Bill No. 407, Requiring cellular and phone
companies provide certain information to Bureau for Child Support
Enforcement.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 407--A Bill to amend and reenact §48-18-
132 of the Code of West Virginia, 1931, as amended, relating to
child support enforcement; locating parents for the purpose of
establishing paternity or for establishing support; locating
parents for the purpose of modifying, enforcing or distributing
proceeds from support orders; and authorizing the Bureau for Child
Support Enforcement to obtain names of addresses of customers and
customer employers from customer records maintained by telephone
companies and cellular telephone companies by administrative
subpoena.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 407, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 407) passed with its House of Delegates amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Com. Sub. for Senate Bill No. 426, Relating
to filings under Uniform Commercial Code as to secured
transactions.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §46-4A-108 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that §46-9-510, §46-9-516,
§46-9-521 and §46-9-525 of said code be amended and reenacted; and
that said code be amended by adding thereto a new section,
designated §46-9-516a, all to read as follows:ARTICLE 4A. FUNDS TRANSFERS.
§46-4A-108. Relationship to Electronic Fund Transfer Act.(a)ThisExcept as provided in subsection (b), this article
does not apply to a funds transfer any part of which is governed by
the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95-
630, 92 Stat. 3728, 15 U. S. C. §1693 et seq.) as amended from time
to time.(b) This article applies to a funds transfer that is a
remittance transfer as defined in the Electronic Fund Transfer Act
(15 U. S. C. §1693o-1) as amended from time to time, unless the
remittance transfer is an electronic fund transfer as defined in
the Electronic Fund Transfer Act (15 U. S. C. §1693a) as amended
from time to time.(c) In a funds transfer to which this Article applies, in the
event of an inconsistency between an applicable provision of this
article and an applicable provision of the Electronic Fund Transfer
Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.ARTICLE 9. SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL
PAPER.
§46-9-510. Effectiveness of filed record. (a) Filed record effective if authorized. -- A filed record is
effective only to the extent that it was filed by a person that may
file it under section 9-509.
(b) Authorization by one secured party of record. -- A record
authorized by one secured party of record does not affect the
financing statement with respect to another secured party of
record.
(c) Continuation statement not timely filed. -- A continuation
statement that is not filed within the six-month period prescribed
by section 9-515(d) is ineffective.(d) A filed record ceases to be effective if the filing office
terminates the record pursuant to section 9-516a.§46-9-516. What constitutes filing; effectiveness of filing.
(a) What constitutes filing. -- Except as otherwise provided
in subsection (b) of this section, communication of a record to a
filing office and tender of the filing fee or acceptance of the
record by the filing office constitutes filing.
(b) Refusal to accept record; filing does not occur. -- Filing
does not occur with respect to a record that a filing office
refuses to accept because:
(1) The record is not communicated by a method or medium of
communication authorized by the filing office;
(2) An amount equal to or greater than the applicable filing
fee is not tendered;
(3) The filing office is unable to index the record because:
(A) In the case of an initial financing statement, the record
does not provide a name for the debtor;
(B) In the case of an amendment or information statement, the
record:
(i) Does not identify the initial financing statement as
required by 9-512 or 9-518, as applicable; or
(ii) Identifies an initial financing statement whose
effectiveness has lapsed under section 9-515; or
__(iii) Identifies an initial financing statement which was
terminated pursuant to section 9-516a;
(C) In the case of an initial financing statement that
provides the name of a debtor identified as an individual or an
amendment that provides a name of a debtor identified as an
individual which was not previously provided in the financing
statement to which the record relates, the record does not identify
the debtor's surname; or
(D) In the case of a record filed or recorded in the filing
office described in section 9-501(a)(1), the record does not
provide a sufficient description of the real property to which it
relates; or__(E) In the case of a record submitted to the filing office
described in section 9-501(a)(1), the filing office has reason to
believe, from information contained in the record or from the person that communicated the record to the office, that:
__(i) If the record indicates that the debtor is a transmitting
utility, the debtor does not meet the definition of a transmitting
utility as described in section 9-102(a)(81);
__(ii) If the record indicates that the transaction relating to
the record is a manufactured home transaction, the transaction does
not meet the definition of a manufactured home transaction as
described in section 9-102(a)(54); or
__(iii) If the record indicates that the transaction relating to
the record is a public finance transaction, the transaction does
not meet the definition of a public finance transaction as
described in section 9-102(a)(70);
__(4) In the case of an initial financing statement or an
amendment, if the filing office believes in good faith that the
record was communicated to the filing office in violation of
section 9-516a;
__(4)(5) In the case of an initial financing statement or an
amendment that adds a secured party of record, the record does not
provide a name and mailing address for the secured party of record;(5)(6) In the case of an initial financing statement or an
amendment that provides a name of a debtor which was not previously
provided in the financing statement to which the amendment relates,
the record does not:
(A) Provide a mailing address for the debtor;
(B) Indicate whether the name provided as the name of the
debtor is the name of an individual or an organization;(6)(7) In the case of an assignment reflected in an initial
financing statement under section 9-514(a) or an amendment filed
under section 9-514(b), the record does not provide a name and
mailing address for the assignee; or(7)(8) In the case of a continuation statement, the record is
not filed within the six-month period prescribed by section
9-515(d).
(c) Rules applicable to subsection (b). -- For purposes of
subsection (b):
(1) A record does not provide information if the filing office
is unable to read or decipher the information; and
(2) A record that does not indicate that it is an amendment or
identify an initial financing statement to which it relates, as
required by section 9-512, 9-514 or 9-518, is an initial financing
statement.
(d) Refusal to accept record; record effective as filed
record. -- A record that is communicated to the filing office with
tender of the filing fee, but which the filing office refuses to
accept for a reason other than one set forth in subsection (b) of
this section, is effective as a filed record except as against a
purchaser of the collateral which gives value in reasonable
reliance upon the absence of the record from the files.(e) Administrative review. -- If the Secretary of State
determines that a financing statement which identities a public
official or employee as a debtor is fraudulent or that an
individual debtor and an individual secured party would appear to be the same individual on the financing statement or that the
individual debtor claims to be a transmitting utility, without
supporting documents, the Secretary may commence administrative
proceedings to remove the statement from its records in accordance
with the provisions of article five, chapter twenty-nine-a of this
code.(1) Upon the commencement of proceedings pursuant to this
subsection, the Secretary of State shall identify the financing
statement in its records as subject to administrative review and
publish a notice in the West Virginia Register regarding the
proceedings.(2) A financing statement may be found to be fraudulent only
if, based upon clear and convincing evidence, no good faith basis
exists upon which to conclude that the secured party was authorized
to file the statement and the statement was submitted for the
purpose of harassment or intimidation or fraudulent intent of the
alleged debtor.(3) If upon the completion of administrative review, it is
determined that the filing of a financing statement was fraudulent,
the filing party shall be assessed all costs incurred by the
Secretary in reaching a final determination, including
reimbursement for all costs of the hearing. The filing party may
also be subject to a civil penalty not exceeding $500 per
fraudulent filing. If upon completion of administrative review or
any subsequent appeal of a decision of the Secretary of State, it
is determined that a filing subject to appeal is not fraudulent, the secretary or court may award the prevailing party reasonable
costs and expenses, including attorney fees.(4) The Secretary of State shall annually submit a report to
the Legislature regarding actions taken against fraudulent filings
pursuant to this section which identifies the number and
characteristics of such proceedings, identifies any creditors found
to have made fraudulent filings, describes proceedings initiated by
the secretary in which it is ultimately determined that fraudulent
filings did not occur, describes the number and type of complaints
received by the secretary in which it is alleged that fraudulent
filings have occurred, and describes the actions taken by the
secretary to investigate complaints concerning allegedly fraudulent
filings and the results of the investigations.(5) A decision by the secretary to remove a financing
statement determined to have been fraudulently filed subject to
appeal de novo to the circuit court of Kanawha County. Pending the
outcome of an appeal, the financing statement may not be removed
from the records of the Secretary, but shall be identified in the
records as having been adjudicated to be fraudulent, subject to a
pending appeal by the putative creditor.(6) A financing statement filed by a regulated financial
institution is not subject to the provisions of this section. For
the purposes of this section, a regulated financial institution is
a bank, bank and trust company, trust company, savings bank,
savings association, building and loan association, credit union,
consumer finance company, insurance company, investment company, mortgage lender or broker, securities broker, dealer or
underwriter, or other institution chartered, licensed, registered
or otherwise authorized under federal law, the law of this state or
any other state, to engage in secured lending.§46-9-516a. Filing fraudulent records; civil and criminal
penalties; administrative proceedings; immunity from
liability.
(a) No person may cause to be communicated to the filing
office for filing a false record the person knows or reasonably
should know:
(1) Is not authorized or permitted under sections 9-509, 9-708
or 9-808; and
(2) Is filed with the intent to harass or defraud the person
identified as debtor in the record or any other person.
(b) Any person who violates subsection (a) of this section
shall, for a first offense, be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not less than $100 nor more than
$1000 or, in the discretion of the court, be confined in jail not
more than twelve months, or both fined and confined. Any person
who violates subsection (a) of this section shall, for a second or
subsequent offense, be guilty of a felony and, upon conviction
thereof, shall be imprisoned in a state correctional facility not
less than one nor more than five years.
(c) Any person who violates subsection (a) of this section is
liable in a civil action to each injured person for:
(1) The greater of the actual damages caused by the violation or up to $10,000 in lieu of actual damages;
(2) Reasonable attorney fees;
(3) Court costs and other related expenses of bringing an
action including reasonable investigative expenses; and
(4) In the discretion of the court, punitive damages in an
amount determined by the court or jury.
(d) A person identified as a debtor in a filed record the
person believes was caused to be communicated to the filing office
in violation of subsection (a) of this section may, under penalty
of perjury, file with the Secretary of State an affidavit to that
effect. The Secretary of State shall adopt and make available a
form affidavit for use under this section.
(e) Upon receipt of an affidavit filed under this section, or
upon administrative action by the Secretary of State, the Secretary
of State shall communicate to the secured party of record on the
record to which the affidavit or administrative action relates and
to the person who communicated the record to the filing office, if
different and known to the office, a request for additional
documentation supporting the effectiveness of the record. The
Secretary of State shall review all such documentation received
within thirty days after the first request for additional
documentation is sent if the Secretary of State has a reasonable
basis for concluding that the record was communicated to the filing
office in violation of subsection (a) of this section.
The Secretary of State may initiate an administrative action
under this subsection with regard to a filed record if the Secretary of State has reason to believe, from information
contained in the record or obtained from the person who
communicated the record to the filing office, that the record was
communicated to the filing office in violation of subsection (a) of
this section. The Secretary of State may give heightened scrutiny
to a record that indicates the debtor is a transmitting utility or
that indicates the transaction to which the record relates is a
manufactured home transaction or a public finance transaction.
(f) The Secretary of State may not charge a fee to file an
affidavit under this section and may not return a fee paid for
filing a record terminated under this section.
(g) The Secretary of State shall promptly communicate to the
secured party of record a notice of the termination of a record
under subsection (e) of this section. A secured party of record
who believes in good faith that the record was not communicated to
the filing office in violation of subsection (a) of this section
may file an action to require that the record be reinstated by the
filing office. A person who communicated a record to the filing
office that the filing office rejected in reliance on section 9-
516(b)(4), who believes in good faith that the record was not
communicated to the filing office in violation of section 9-
516(b)(4), may file an action to require that the record be
accepted by the filing office. The jurisdiction for the action is
the circuit court of Kanawha County.
(h) If the court determines that a record terminated under
this section or rejected in reliance on section 9-516(b)(4) should be reinstated or accepted, the court shall provide a copy of an
order to that effect to the Secretary of State. On receipt of an
order reinstating a terminated record, the Secretary of State shall
refile the record along with a notice indicating that the record
was refiled pursuant to this section and its initial filing date.
On receipt of an order requiring that a rejected record be
accepted, the Secretary of State shall promptly file the record
along with a notice indicating that the record was filed pursuant
to this section and the date on which it was communicated for
filing. A rejected record that is filed pursuant to an order of a
court shall have the effect described in section 9-516(d) for a
record the filing office refuses to accept for a reason other than
one set forth in section 9-516(b).
(i) A terminated record that is refiled under subsection (h)
of this section is effective as a filed record from the initial
filing date. If the period of effectiveness of a refiled record
would have lapsed during the period of termination, the secured
party may file a continuation statement within thirty days after
the record is refiled and the continuation statement has the same
effect as if it had been filed during the six-month period
described in section 9-515(d). A refiled record is considered
never to have been ineffective against all persons and for all
purposes except that it is not effective as against a purchaser of
the collateral that gave value in reasonable reliance on the
absence of the record from the files.
(j) Neither the filing office nor any of its employees incur liability for the termination or failure to accept a record for
filing in the lawful performance of the duties of the office or
employee.
(k) This section does not apply to a record communicated to
the filing office by a regulated financial institution or by a
representative of a regulated financial institution, except that
the Secretary of State may request from the secured party of record
on the record or from the person that communicated the record to
the filing office, if different and known to the office, additional
documentation supporting that the record was communicated to the
filing office by a regulated financial institution or by a
representative of a regulated financial institution. For the
purposes of this section the term "regulated financial institution"
means a financial institution subject to regulatory oversight or
examination by a state or federal agency and includes banks,
savings banks, savings associations, building and loan
associations, credit unions, consumer finance companies, industrial
banks, industrial loan companies, investment funds, installment
sellers, mortgage servicers, sales finance companies and leasing
companies.
(l) If a record was communicated to the filing office for
filing before the effective date of this section, and its
communication would have constituted a violation of subsection (a)
of this section if it had occurred on or after the effective date
of this section:
(i) Subsections (b) and (c) are not applicable; and
(ii) The remaining subsections of this section are applicable.§46-9-521. Written financing statement and amendment thereto. (a) Initial financing statement. -- A filing office that
accepts written records may not refuse to accept a written initial
financing statement in the following form and format except for a
reason set forth in section 9-516(b): Provided, That the written
record must be on the most recent revision of the appropriate form
as approved by the International Association of Commercial
Administrators.
(b) Amended financing statement. -- A filing office that
accepts written records may not refuse to accept an amended written
record in the following form and format except for a reason set
forth in section 9-516(b): Provided, That the written record must
be on the most recent revision of the appropriate form as approved
by the International Association of Commercial Administrators.§46-9-525. Fees.
(a) Initial financing statement or other record: General
rule. -- Except as otherwise provided in subsection (e) of this
section, the fee for filing and indexing a record under this part,
other than an initial financing statement of the kind described in
subsection (b) of this section, is the amount specified in
subsection (c) of this section, if applicable, plus:
(1) TenTwenty dollars if the record is communicated in
writing and consists of one or two pages; and
(2) TenTwenty dollars if the record is communicated in
writing and consists of more than two pages; and
(3) TenTwenty dollars if the record is communicated by
another medium authorized by filing-office rule.
(b) Initial financing statement: Public-finance and
manufactured housing transactions. -- Except as otherwise provided
in subsection (e) of this section, the fee for filing and indexing
an initial financing statement of the following kind is the amount
specified in subsection (c) of this section, if applicable, plus:
(1) TenTwenty dollars if the financing statement indicates
that it is filed in connection with a public-finance transaction;
(2) TenTwenty dollars if the financing statement indicates
that it is filed in connection with a manufactured-home
transaction.
(c) Number of names. -- The number of names required to be
indexed does not affect the amount of the fee in subsections (a)
and (b) of this section.
(d) Response to information request. -- The fee for responding
to a request for information from the filing office, including for
issuing a certificate showing whether there is on file any
financing statement naming a particular debtor, is:
(1) FiveTen dollars if the request is communicated in
writing;
(2) FiveTen dollars if the request is communicated by another
medium authorized by filing-office rule; and
(3) Fifty centsOne dollar per page for each active lien.
(e) Record of mortgage. -- This section does not require a fee
with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing
statement covering as-extracted collateral or timber to be cut
under section 9-502(c) of this article. However, the recording and
satisfaction fees that otherwise would be applicable to the record
of the mortgage apply.
(f) Deposit of funds. -- All fees and moneys collected by the
Secretary of State pursuant to the provisions of this article shall
be deposited by the Secretary of State as follows: One-half shall
be deposited in the special revenue account created by section 59-
1-59(c)(4)(B), to provide civil legal services for low income
persons, one-fourth shall be deposited in the state fund, general
revenue, and one-halfone-fourth shall be deposited in the service
fees and collections account established by section two, article
one, chapter fifty-nine of this code59-1-2 for the operation of
the office of the Secretary of State. Any balance remaining on
June 30, 2001, in the existing special revenue account entitled
"uniform commercial code" as established by chapter two hundred
four, acts of the Legislature, 1989 regular session, shall be
transferred to the service fees and collections account established
by section two, article one, chapter fifty-nine of this code59-1-2
for the operation of the office of the Secretary of State. The
Secretary of State shall dedicate sufficient resources from that
fund or other funds to provide the services required in this
article, unless otherwise provided by appropriation or other action
by the Legislature.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Com. Sub. for Senate Bill No. 426--A Bill
to amend and reenact §46-4A-108 of the Code of West Virginia, 1931,
as amended; to amend and reenact §46-9-510, §46-9-516, §46-9-521
and §46-9-525 of said code; and to amend said code by adding
thereto a new section, designated §46-9-516a, all relating to
amending the Uniform Commercial Code; clarifying the relationship
between article 4A of the West Virginia code and the federal
Electronic Fund Transfer Act; resolving conflicts between federal
and state law; providing for the effectiveness of filed records;
creating additional authority to refuse to accept a record for
filing; creating circumstances under which a record filing is
false; providing criminal penalties for filing or attempting to
file a false record; providing civil penalties for filing or
attempting to file a false record; setting forth an administrative
procedure initiated by the Secretary of State or a person
identified as a debtor on a record; requiring party to an adverse
administrative decision by the Secretary of State to file action in
Kanawha County Circuit Court if the party wishes to have the
Secretary of State's decision reversed; exempting the filing office
and its employees from liability; exempting filings by a regulated
financial institution or its representatives from certain
provisions; clarifying the applicability of provisions to records
filed prior to the effective date of this article; increasing fees
for filing financing statements or other records in secured transactions; increasing fees for responding for requests for
information related to secured transactions; and requiring that the
increase in fees be deposited in the existing Fund for Civil Legal
Services for Low Income Persons.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 426, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 426) passed with its House of
Delegates amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendments by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as toEng. Senate Bill No. 441, Relating to withdrawal of erroneous
state tax liens.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page six, section twelve, lines seventy-nine and eighty, by
striking out the words "for recordation shall be signed and
delivered to the taxpayer by the proper officer" and inserting in
lieu thereof the following: "shall be issued in duplicate. One
copy shall be forwarded to the taxpayer, and the other copy shall
be forwarded to the clerk of the county commission of the county
wherein the lien is recorded. The clerk of the county commission
shall record the withdrawal of lien without payment of any fee";
And,
On page seven, section two, lines nineteen and twenty, by
striking out the words "for recordation shall be signed and
delivered to the taxpayer by the proper officer" and inserting in
lieu thereof the following: "shall be issued in duplicate. One
copy shall be forwarded to the taxpayer, and the other copy shall
be forwarded to the clerk of the county commission of the county
wherein the lien is recorded. The clerk of the county commission
shall record the withdrawal of lien without payment of any fee".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 441, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 441) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect July
1, 2013, and requested the concurrence of the Senate in the House
of Delegates amendments, as toEng. Com. Sub. for Com. Sub. for Senate Bill No. 454, Relating
to taxation of alternative motor fuels.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page four, section two, line twenty-four, after the word "propel" by inserting the words "or operate";
On page twenty-five, section two, line four hundred twenty-
four, after the word "propel" by inserting the words "or operate";
On page sixty-three, section nineteen, lines twenty-four
through thirty-seven, by striking out all of subsection (c) and
inserting in lieu thereof a new subsection, designated subsection
(c), to read as follows:
(c) For the calendar years beginning on or after January 1,
2014, the tax levied by this article on alternative fuel that is
subject to tax at the point of imposition prescribed in section
six-a of this article, shall be paid by the alternative-fuel bulk
end user, provider of alternative fuel or retailer of alternative
fuel on or before January 31 of every year, unless determined by
the tax commissioner that payment must be made more frequently, by
check, bank draft or money order payable to the tax commissioner
for the amount of tax due. The tax commissioner may require all or
certain taxpayers to file tax returns and payments electronically.
The return required by the tax commissioner shall accompany the
payment of tax. If no tax is due, the return required by the tax
commissioner shall be completed and filed on or before January 31.;
On page sixty-three, section eighteen-b, line one, by striking
out the words "Effective January 1, 2004, all" and inserting in
lieu thereof the word "All";
And,
On pages sixty-six through sixty-eight, section eighteen-b,
lines fifty-eight through eighty-four, by striking out all of subdivision (2) and inserting in lieu thereof a new subdivision,
designated subdivision (2), to read as follows:
(2) The tax due under this article comprising the variable
component of the tax due under article fourteen-c of this chapter
on alternative fuel, is due and shall be collected and remitted at
the time the tax imposed by section five, article fourteen-c of
this chapter is due, collected and remitted.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 454, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: Blair--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 454) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Boley, Cann,
Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--33.
The nays were: Blair--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 454) takes effect from
passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence in the changed
effective date.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
toEng. Com. Sub. for Senate Bill No. 464, Regulating tanning
facilities.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-45-1, §16-45-2,
§16-45-3, §16-45-4 and §16-45-5, all to read as follows:ARTICLE 45. TANNING FACILITIES.
§16-45-1. Definitions. As used in this article:
(1) "Photo therapy device" means a device used for exposure to
daylight or to specific wavelengths of light using lasers,
light-emitting diodes, fluorescent lamps, dichroic lamps or very
bright, full-spectrum light, usually controlled with various
devices.
(2) "Tanning device" means any equipment that emits radiation
used for tanning of the skin, such as a sun lamp, tanning booth or
tanning bed, and includes any accompanying equipment, such as
protective eye wear, timers and handrails.
(3) "Tanning facility" means any commercial location, place,
area, structure or business where a tanning device is used for a
fee, membership dues or other compensation.§16-45-2. Exception for health care providers.Nothing in this article may be construed as prohibiting any
health care provider licensed under chapter thirty of this code
from performing any action within the scope of his or her practice
that results in prescribing the use of a photo therapy device to a
patient regardless of the patient's age for treatment of a medical
condition.§16-45-3. Operation standards.(a) A tanning facility shall provide to any patron who wishes to use a tanning device located within its tanning facility a
disclosure and consent form relating to use of a tanning device
that contains the current United States Food and Drug
Administration warning as follows: "Danger. Ultraviolet Radiation.
Follow instructions. Avoid overexposure. As with natural
sunlight, overexposure can cause eye and skin injury and allergic
reactions. REPEATED EXPOSURE MAY CAUSE PREMATURE AGING OF THE SKIN
AND SKIN CANCER. WEAR PROTECTIVE EYEWEAR; FAILURE TO DO SO MAY
RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
Medications or cosmetics may increase your sensitivity to the
ultraviolet radiation. Consult physician before using tanning
device if you are using medications or have a history of skin
problems or believe yourself especially sensitive to sunlight. If
you do not tan in the sun, you are unlikely to tan from use of this
product."
The disclosure and consent form must have a place for the
patron's signature and the date. A signed and dated copy of the
disclosure and consent form shall be maintained by the tanning
facility and remains valid for one year from the date it was
signed.
(b) All patrons are required to present proof of age prior to
use of a tanning device. Proof of age shall be satisfied with a
driver's license or other government-issued identification
containing the date of birth and a photograph of the individual.
Persons under the age of eighteen may not be permitted to use a
tanning device without the prior written consent of the person's parent or legal guardian. Photographic identification of the
parent or legal guardian is required. A copy of the signed
parental or legal guardian consent shall be maintained by the
tanning facility and remains valid for one year from the date it
was signed. Persons under the age of fourteen may not be permitted
to use a tanning device.§16-45-4.Local health department authority to inspect. Local health departments shall have the authority to enter and
inspect a tanning facility to determine compliance with the
requirements of this article.§16-45-5. Violations and penalties. (a) Any owner of a tanning facility who fails to obtain
parental consent for a minor under the age of eighteen or otherwise
violates the requirements of this article is guilty of a
misdemeanor and, upon conviction thereof, for a first offense,
shall be fined §100.
(b) For a second offense, the owner is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than §250 nor
more than §500.
(c) For a third offense or subsequent offense, the owner is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than §500 nor more than §1,000.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 464, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Yost and Kessler (Mr.
President)--31.
The nays were: Green, D. Hall and Williams--3.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 464) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House
of Delegates amendment, as toEng. Com. Sub. for Senate Bill No. 469, Clarifying service
credit for certain PERS members.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 469--A Bill to amend and reenact §5-10-14 and §5-10-18 of the Code of West Virginia, 1931,
as amended, all relating to service credit; providing for the
purchasing of retroactive service credit by certain employees; and
requiring payment of reinstatement interest in the Public Employees
Retirement System in certain circumstances.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Senate Bill No. 469, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 469) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as toEng. Com. Sub. for Senate Bill No. 482, Relating to sale of
voter registration lists.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page five, section thirty, lines fifty-six through sixty-
three, by striking out all of subsection (d) and inserting in lieu
thereof a new subsection, designated subsection (d), to read as
follows:(d) The fees received by the clerk of the county commission
shall be kept in a separate fund under the supervision of the clerk
and may be used for the purpose of defraying the cost of the
preparation of the voter lists. Any unexpended balance in the fund
shall be transferred to the General Fund of the county commission.
After deducting the costs of preparing voter lists, the clerk shall
deposit the net proceeds from the sale of the voter lists in the
State Election Fund as set forth in subsection (b), section forty-
eight, article one of this chapter.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 482, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 482) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Senate Bill No. 515, Relating to use of television
receivers and other devices in vehicles.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 15. EQUIPMENT.§17C-15-42. Video screens, video monitors and television receivers
in view of driver prohibited; exceptions.(a) No motor vehicle shallmay be operated on anya street or
highway in this state when equipped with a television receiver,
video monitor, television or video screen unless such receiver is
so placed that the screen or picture tube of such receiver is
visible only in the rear seat of such motor vehicle and not in view
of the operator of such motor vehicle.the receiver, screen or
monitor is configured so that the moving images are not in view of
the operator while the vehicle is in motion, or it falls within one
or more of the categories set forth in subsections (b) or (c) of
this section.
__(b) This prohibition does not apply to the following equipment
installed in a vehicle:
__(1) A visual display if it does not show video or television
broadcast images in view of the operator while the motor vehicle is
in motion;
__(2) A global positioning device;
__(3) A mapping display;
__(4) A visual display used to enhance or supplement the
driver's view forward, behind or to the sides of a motor vehicle
for the purpose of maneuvering the vehicle;
__(5) A visual display used to enhance or supplement a driver's
view of vehicle occupants; or
__(6) Television-type receiving equipment used exclusively for
safety or traffic engineering information.
__(c) A television receiver, video monitor, television or video
screen or other similar means of visually displaying a television broadcast or video signal is not prohibited if the equipment has an
interlock device that, when the motor vehicle is driven, disables
the equipment for all uses except as a visual display described in
subdivisions (1) through (6), subsection (b) of this section.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 515--A Bill to amend and reenact §17C-15-
42 of the Code of West Virginia, 1931, as amended, relating to
equipment installed in motor vehicles; prohibiting video screens,
video monitors, televisions and television receivers in view of the
driver while a motor vehicle is in motion; exceptions;
restrictions; conditions for use; and inapplicability of
prohibition to specific devices.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 515, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 515) passed with its House of Delegates amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Senate Bill No. 523, Making supplementary appropriation
of unappropriated moneys to various accounts.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the total appropriation for the fiscal year ending June
30, 2013, to fund 1058, fiscal year 2013, organization 0100, be
supplemented and amended to read as follows:

Act- Other
ivity Funds
1Personal Services 001$ 3,000
2Employee Benefits 010 2,076
And, That the total appropriation for the fiscal year ending
June 30, 2013, to fund 6501, fiscal year 2013, organization 0612,
be supplemented and amended by adding a new item of appropriation
as follows:

TITLE II - APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF MILITARY AFFAIRS

AND PUBLIC SAFETY

196-West Virginia State Police -

Motor Vehicle Inspection Fund

(WV Code Chapter 17C)

Fund 6501 FY 2013 Org 0612

Act- Other
ivity Funds
6aBuildings 258$ 534,000
And, That the total appropriation for the fiscal year ending
June 30, 2013, to fund 7253, fiscal year 2013, organization 0706,
be supplemented and amended by adding a new item of appropriation
as follows:

TITLE II - APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF REVENUE

223-Municipal Bond Commission

(WV Code Chapter 13)

Fund 7253 FY 2013 Org 0706

Act- Other
ivity Funds
4aEquipment 070$ 247,500
And, That the total appropriation for the fiscal year ending
June 30, 2013, to fund 8254, fiscal year 2013, organization 0806,
be supplemented and amended to read as follows:

TITLE II - APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

DEPARTMENT OF TRANSPORTATION

233-Public Port Authority -

Special Railroad and Intermodal Enhancement Fund

(WV Code Chapter 17)

Fund 8254 FY 2013 Org 0806

Act- Other
ivity Funds
1Current Expenses 130$ 250,000

2Other Assets 690_________7,750,000
3Total $ 8,000,000
And, That the total appropriation for the fiscal year ending
June 30, 2013, to fund 8520, fiscal year 2013, organization 0907,
be supplemented and amended by increasing an existing item of
appropriation and by adding a new item of appropriation as follows:

TITLE II - APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

MISCELLANEOUS BOARDS AND COMMISSIONS

248-WV Board of Examiners for Registered Professional Nurses

(WV Code Chapter 30)

Fund 8520 FY 2013 Org 0907

Act- Other
ivity Funds
6Equipment 070 5,000
6aOther Assets 690 5,000
And, That the total appropriation for the fiscal year ending
June 30, 2013, to fund 8680, fiscal year 2013, organization 0936,
be supplemented and amended by increasing existing items of
appropriation as follows:

TITLE II - APPROPRIATIONS.

Sec. 3. Appropriations from other funds.

MISCELLANEOUS BOARDS AND COMMISSIONS

256-WV Board of Licensed Dietitians

(WV Code Chapter 30)

Fund 8680 FY 2013 Org 0936

Act- Other
ivity Funds
1Personal Services 001$ 2,500

2Employee Benefits 010 382
The purpose of this supplemental appropriation bill is to
supplement, amend, increase, decrease and add items of
appropriations in the aforesaid accounts for the designated
spending units for expenditure during the fiscal year 2013.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 523--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending June 30, 2013, to the Governor's Office,
Minority Affairs Fund, fund 1058, fiscal year 2013, organization
0100, to the Department of Education and the Arts, State Board of
Rehabilitation - Division of Rehabilitation Services - West
Virginia Rehabilitation Center - Special Account, fund 8664, fiscal
year 2013, organization 0932, to the Department of Health and Human
Resources, Division of Health - Hospital Services Revenue Account,
Special Fund, Capital Improvements, Renovation and Operations, fund
5156, fiscal year 2013, organization 0506, to the Department of
Military Affairs and Public Safety, West Virginia State Police,
fund 6501, fiscal year 2013, organization 0612, to the Department
of Health and Human Resources, Division of Health - Lead Abatement Account, fund 5204, fiscal year 2013, organization 0506, to the
Department of Revenue, Municipal Bond Commission, fund 7253, fiscal
year 2013, organization 0706, to the Department of Transportation,
Public Port Authority - Special Railroad and Intermodal Enhancement
Fund, fund 8254, fiscal year 2013, organization 0806, to the
Miscellaneous Boards and Commissions, WV Board of Examiners for
Registered Professional Nurses, fund 8520, fiscal year 2013,
organization 0907, and to the Miscellaneous Boards and Commissions,
WV Board of Licensed Dietitians, fund 8680, fiscal year 2013,
organization 0936, by supplementing and amending the appropriations
for the fiscal year ending June 30, 2013.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 523, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 523) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 523) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as toEng. Senate Bill No. 525, Making supplementary appropriation
of federal funds to various accounts.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page eight, line ten, by striking out "200,000" and
inserting in lieu thereof "750,000".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 525, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 525) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Cann,
Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 525) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 535, Relating to process
for maintaining voter registration lists.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 1. GENERAL PROVISIONS AND DEFINITIONS.§3-1-3. Persons entitled to vote.
Citizens of the state shall be entitled to vote at all
elections held within the precincts of the counties and
municipalities in which they respectively reside. But no person
who has not been registered as a voter as required by law, or who
is a minor, or of unsound mindwho has been declared mentally
incompetent by a court of competent jurisdiction, or who is under
conviction of treason, felony or bribery in an election, or who is
not a bona fide resident of the state, county or municipality in
which he or she offers to vote, shall be permitted to vote at such election while such disability continues, unless otherwise
specifically provided by federal or state code. Subject to the
qualifications otherwise prescribed in this section, however, a
minor shall be permitted to vote only in a primary election if he
or she will have reached the age of eighteen years on the date of
the general election next to be held after such primary election.ARTICLE 2. REGISTRATION OF VOTERS.§3-2-2. Eligibility to register to vote.
(a) Any person who possesses the constitutional qualifications
for voting may register to vote. To be qualified, a person must be
a citizen of the United States and a legal resident of West
Virginia and of the county where he or she is applying to register,
shall be at least eighteen years of age, except that a person who
is at least seventeen years of age and who will be eighteen years
of age by the time of the next ensuing general election may also be
permitted to register, and shall not be otherwise legally
disqualified: Provided, That a registered voter who has not
reached eighteen years of age may vote both partisan and
nonpartisan ballots in a federal, state, or county, municipal or
special primary election, but may only vote in a municipal primary
election if he or she will be eighteen years of age by the time of
the next municipalcorresponding general election. but is not
eligible to vote in a special election.
(b) Any person who has been convicted of a felony, treason or
bribery in an election, under either state or federal law, is
disqualified and is not eligible to register or to continue to be registered to vote while serving his or her sentence, including any
period of incarceration, probation or parole related thereto. Any
person who has been determined to bedeclared mentally incompetent
by a court of competent jurisdiction is disqualified and shall not
be eligible to register or to continue to be registered to vote for
as long as that determination remains in effectdisability
continues.§3-2-4a. Statewide voter registration database.
(a) The Secretary of State shall implement and maintain a
single, official, statewide, centralized, interactive computerized
voter registration listdatabase of every legally registered voter
in the state, which shall include the followingas follows:
(1) The computerized liststatewide voter registration
database shall serve as the single system for storing and managing
the official list of registered voters throughout the state.
(2) The computerized liststatewide voter registration
database shall contain the name, registration information and voter
history of every legally registered voter in the state.
(3) Under the computerized list,In the statewide voter
registration database, the Secretary of State shall assign a unique
identifier to each legally registered voter in the state.
(4) The computerized liststatewide voter registration
database shall be coordinated with other agency databases within
the state;and elsewhere, as appropriate.including, but not
limited to, the vital statistics database maintained by the
Department of Health and Human Resources. The Department of Health and Human Resources by January 31st of each calendar year shall
provide to each county clerk a list from this database of all
decedents in that county in the preceding year and shall provide to
the Secretary of State the list of all decedents in the state in
the preceding year.
(5) The Secretary of State,and any clerk of the county
commission or any authorized designee of the Secretary of State or
clerk of the county commission may obtain immediate electronic
access to the information contained in the computerized list
statewide voter registration database.
(6) The clerk of the county commission shall electronically
enter voter registration information into the computerized list
statewide voter registration database on an expedited basis at the
time the information is provided to the clerk.
(7) The Secretary of State shall provide necessary support to
enable every clerk of the county commission in the state to enter
information as described in subdivision (6) of this subsection.
(8) The computerized liststatewide voter registration
database shall serve as the official voter registration list for
conducting all elections in the state.
(b) The Secretary of State or any clerk of a county commission
shall perform maintenance with respect to the computerized list
statewide voter registration database on a regular basis as
follows:
(1) If an individual is to be removed from the computerized
liststatewide voter registration database, he or she shall be removed in accordance with the provisions of 42 U. S. C. §1973gg,
et seq., the National Voter Registration Act of 1993.
(2) The Secretary of State shall coordinate the computerized
liststatewide voter registration database with state agency
records and remove theshall establish procedures for the removal
of names of individuals who are not qualified to vote because of
felony status or death. : Provided, That noNo state agency may
withhold information regarding a voter's status as deceased or as
a felon unless ordered by a court of law. : Provided further, the
Secretary of State shall, in each calendar year, certify that the
removal of individuals who are not qualified to vote because of a
felony conviction as provided in section two of this article or
death is completed at least thirty days preceding the date of any
primary election.
(c) The list maintenance performed under subsection (b) of
this section shall be conducted in a manner that ensures that:
(1) The name of each registered voter appears in the
computerized liststatewide voter registration database;
(2) Only voters who are not registered, who have requested in
writing that their voter registration be canceled or who are not
eligible to vote are removed from the computerized liststatewide
voter registration database;
(3) Duplicate names are eliminated from the computerized list
statewide voter registration database; and
(4) Deceased individualsindividuals' names are eliminated
from the computerized liststatewide voter registration database.
(d) The Secretary of State and the clerks of all county
commissions shall provide adequate technological security measures
to prevent the unauthorized access to the computerized list
statewide voter registration database established under this
section.
(e) The Secretary of State shall ensure that voter
registration records in the state are accurate and updated
regularly, including the following:
(1) A system of file maintenance that makes a reasonable
effort to remove registrants who are ineligible to vote from the
official list of eligible voters. Under the system, consistent
with 42 U. S. C. §1973gg, et seq., registrants who have not
responded to a notice sent pursuant to section twenty six, article
two of this chapter, who have not otherwise updated their voter
registration address and who have not voted in two consecutive
general elections for federal office shall be removed from the
official list of eligible voters, except that no registrant may be
removed solely by reason of a failure to vote; and(2) By participation in programs across state lines to share
data specifically for voter registration to ensure that voters who
have moved across state lines or become deceased in another state
are removed in accordance with state law and 42 U. S. C. §1973gg,
et seq.; and
_____(2)(3) Through safeguards to ensure that eligible voters are
not removed in error from the official list of eligible voters.
(f) Applications for voter registration may only be accepted when the following information is provided:
(1) Except as provided in subdivision (2) of this subsection
and notwithstanding any other provision of law to the contrary, an
application for voter registration may not be accepted or processed
unless the application includes:
(A) In the case of an applicant who has been issued a current
and valid driver's license, the applicant's driver's license
number;
(B) In the case of an applicant who has been issued an
identification card by the Division of Motor Vehicles, the
applicant's identification number; or
(C) In the case of any other applicant, the last four digits
of the applicant's Social Security number; and
(2) If an applicant for voter registration has not been issued
a current and valid driver's license, Division of Motor Vehicles'
Vehicles identification card or a Social Security number, the
Secretary of State shall assign the applicant a number which will
serve to identify the applicant for voter registration purposes.
To the extent that the state has a computerized list in effect
under this section and the list assigns unique identifying numbers
to registrants, theThe number assigned under this section
subdivision shall be the unique identifying number assigned under
the liststatewide voter registration database.
(g) The Secretary of State and the Commissioner of the
Division of Motor Vehicles shall enter into an agreement to match
and transfer applicable information in the database of the statewide voter registration systemdatabase with information in
the database of the Division of Motor Vehicles to the extent
required to enable each official to verify the accuracy of the
information provided on applications for voter registration.
(h) The Commissioner of the Division of Motor Vehicles shall
enter into an agreement with the Commissioner of Social Security
under 42 U. S. C. §301§401, et seq., the Social Security Act. All
fees associated with this agreement shall be paid for from moneys
in the fund created under section twelve of this article two of
this chapter.§3-2-18. Registration records; active, inactive, canceled, pending
and rejected registration files; procedure; voting
records.
(a) For the purposes of this article:
(1) "Original voter registration record" means all records
submitted or entered in writing or electronically, where permitted
by law, for voter registration purposes, including:
(A) Any original application or notice submitted by any person
for registration or reinstatement, change of address, change of
name, change of party affiliation, correction of records,
cancellation, confirmation of voter information or other request or
notice for voter registration purposes; and
(B) Any original entry made on any voter's registration record
at the polling place, or made or received by the clerk of the
county commission relating to any voter's registration, such as
records of voting, presentation of identification and proof of age, challenge of registration, notice of death or obituary notice,
notice of disqualifying conviction or ruling of mental incompetence
or other original document which may affect the status of any
person's voter registration.
(2) "Active voter registration filesrecords" means the files
of registration records, whether maintained on paper forms or in
digitized dataelectronic format, containing the names, addresses,
birth dates and other required information for all persons within
a county who are registered to vote and whose registration has not
been designated as "inactive"inactive or "canceled"canceled
pursuant to the provisions of this article.
(3) "Inactive voter registration filesrecords" means the
files of registration records, whether maintained on paper forms or
in digitized dataelectronic format, containing the names,
addresses, birth dates and other required information for all
persons designated "inactive"inactive pursuant to the provisions
of section twenty-seven of this article following the return of the
prescribed notices as undeliverable at the address provided by the
United States Postal Service or entered on the voter registration,
. For the purposes of this chapter or of any other provisions of
this code relating to elections conducted under the provisions of
this chapter, whenever a requirement is based on the number of
registered voters, including, but not limited to, the number of
ballots to be printed, the limitations on the size of a precinct,
or the number of petition signatures required for election
purposes, only those registrations included on the active voter registration files shall be counted and voter registrations
included on the inactive voter registration files, as defined in
this subdivision, shall not be counted.or for failure of the
contacted voter to return a completed confirmation notice within
thirty days of the mailing.
(4) "Canceled voter registration filesrecords" means the
filesrecords containing all required information for all persons
who have been removed from the active and inactive voter
registration filesrecords and who are no longer registered to vote
within the county.
(5) "Pending application filesrecords" means the temporary
filesrecords containing all information submitted on a voter
registration application, pending the expiration of the
verification period.
(6) "Rejected application filesrecords" means the files
records containing all information submitted on a voter
registration application which was rejected for reasons as
described in this article.(7) "Confirmation pending records" means the records
containing all required information for persons who have been
identified to be included in the next succeeding mailing of address
confirmation notices as set forth by the National Voter
Registration Act of 1993 (42 U. S. C. §1973gg, et seq.).
_____(b) For the purposes of this chapter or of any other
provisions of this code relating to elections conducted under the
provisions of this chapter, whenever a requirement is based on the number of registered voters, including, but not limited to, the
number of ballots to be printed, the limitations on the size of a
precinct, or the number of petition signatures required for
election purposes, only those registrations included on the active
voter registration files shall be counted and voter registrations
included on the inactive voter registration files, as defined in
this subdivision, shall not be counted.
_____(b)(c) Active voter registration filesrecords, confirmation
pending records and inactive voter registration filesrecords may
be maintained in the same physical location or database, providing
the records are coded, marked or arranged in such a way as to make
the status of the registration immediately obvious. Canceled voter
registration filesrecords, pending application filesrecords and
rejected application filesrecordsshall eachmay be maintained in
separate physical locations. or databases.However, all such
records shall be maintained in the statewide voter registration
database, subject to this article.
_____(c)(d) The effective date of any action affecting any voter's
registration status shall be entered on the voter record in the
appropriate file, including the effective date of registration,
change of name, address or party affiliation or correction of the
record, effective date of transfer to inactive status, return to
active status or cancellation. When any registration is designated
inactive or is canceled, the reason for the designation or
cancellation and any reference notation necessary to locate the
original documentation related to the change shall be entered on the voter record.(d)(e) Within one hundred twenty days after each primary,
general, municipal or special election, the clerk of the county
commission shall as evidenced by the presence or absence of
signatures on the pollbooks for such election, correct any errors
or omissions on the voter registration records resulting from the
poll clerks erroneously checking or failing to check the
registration records as required by the provisions of section
thirty-four, article one of this chapter, or shall enter the voting
records into the state uniform data system if the precinct books
have been replaced with printed registration books as provided in
section twenty-one of this article.statewide voter registration
database.§3-2-19. Maintenance of active and inactive registration records
for municipal elections.(a) Each county shall continue to maintain a record of each
active and inactive voter registration in precinct registration
books until the statewide voter registration system is adopted
pursuant to the provisions of section four-a of this article, fully
implemented and given final approval by the Secretary of State.
The precinct registration books shall be maintained as follows:(1) Each active voter registration shall be entered in the
precinct book or books for the county precinct in which the voter's
residence is located and shall be filed alphabetically by name,
alphabetically within categories, or by numerical street address,
as determined by the clerk of the county commission for the effective administration of registration and elections. No active
voter registration record shall be removed from the precinct
registration books unless the registration is lawfully transferred
or canceled pursuant to the provisions of this article.(2) Each voter registration which is designated "inactive"
pursuant to the procedures prescribed in section twenty-seven of
this article shall be retained in the precinct book for the county
precinct in which the voter's last recorded residence address is
located until the time period expires for which a record must
remain on the inactive files. Every inactive registration shall be
clearly identified by a prominent tag or notation or arranged in a
separate section in the precinct book clearly denoting the
registration status. No inactive voter registration record shall
be removed from the precinct registration books unless the
registration is lawfully transferred or canceled pursuant to the
provisions of this article.(b)(a) For municipal elections, the registration records of
active and inactive voters shall be maintained as follows:
(1) County precinct books shallClerks of the county
commissions shall prepare pollbooks or voter lists to be used in
municipal elections when the county precinct boundaries and the
municipal precinct boundaries are the same and all registrants of
the precinct are entitled to vote in state, county and municipal
elections within the precinct or when the registration records of
municipal voters within a county precinct are separated and
maintained in a separate municipal section or book for that county precinct and can be used either alone or in combination with other
precinct bookspollbooks or voter lists to make up a complete set
of registration records for the municipal election precinct.
(2) Upon request of the municipality, and if the clerk of the
county commission does not object, separate municipal precinct
books shall be maintained in cases where municipal or ward
boundaries divide county precincts and it is impractical to use
county precinct bookspollbooks or voter lists or separate
municipal sections of those precinct bookspollbooks or voter
lists. If the clerk of the county commission objects to the
request of a municipality for separate municipal precinct books,
the State Election Commission must determine whether the separate
municipal precinct books should be maintained.
(3) No registration record may be removed from a municipal
registration record unless the registration is lawfully transferred
or canceled pursuant to the provisions of this article in both the
county and the municipal registration records.(c)(b) Within thirty days following the entry of any
annexation order or change in street names or numbers, the
governing body of an incorporated municipality shall file with the
clerk of the county commission a certified current official
municipal boundary map and a list of streets and ranges of street
numbers within the municipality to assist the clerk in determining
whether a voter's address is within the boundaries of the
municipality.(d) Each county, so long as precinct registration books are maintained, shall maintain a duplicate record of every active and
inactive voter registration in a county alphabetical file. The
alphabetical file may be maintained on individual paper forms or,
upon approval of the Secretary of State of a qualified data storage
program, may be maintained in digitized format. A qualified data
storage program shall be required to contain the same information
for each voter registration as the precinct books, shall be subject
to proper security from unauthorized alteration and shall be
regularly duplicated to backup data storage to prevent accidental
destruction of the information on file.§3-2-21. Maintenance of records in the statewide voter
registration database in lieu of precinct record
books.
(a) The clerk of the county commission of each county, upon
installation of the state uniform voter data system, shall prepare
maintain a voter registration data system record book into which
all required records of appointments of authorized personnel,
tests, repairs, program alterations or upgrades and any other
action by the clerk of the county commission or by any other person
under supervision of the clerk affecting the programming or records
contained in the system, other than routine data entry, alteration,
use, transfer or transmission of records shall be entered.
(b) The clerk of the county commission shall appoint all
personnel authorized to add, change or transfer voter registration
information within the state uniform voter data systemstatewide
voter registration database, and a record of each appointment and the date of authorization shall be entered as provided in
subsection (a) of this section. The assignment and confidential
record of assigned system identification or authorized user code
for each person appointed shall be as prescribed by the Secretary
of State.
(c) Voter registration records entered into and maintained in
the state uniform voter data systemstatewide voter registration
database shall include the information required for application for
voter registration, for maintenance of registration and voting
records, for conduct of elections and for statistical purposes, as
prescribed by the Secretary of State.
(d) No person shall make any entry or alteration of any voter
record which is not specifically authorized by law. Each entry or
action affecting the status of a voter registration shall be based
on information in an original voter registration record, as defined
in section eighteen of this article.
(e) The clerk of the county commission shall maintain, within
the data systemstatewide voter registration database, active and
inactive voter registration filesrecords, confirmation pending
records, canceled voter registration filesrecords, pending
application filesrecords and rejected application filesrecords,
all as defined in section eighteen of this article.
(f) Upon receipt of a completed voter registration
application, the clerk shall enter into the statewide voter
registration database the information provided on the application,
mark the records as pending andinto the pending application file and initiate the verification or notice of disposition procedure as
provided in section sixteen of this article. Upon completion of
the verification or notice of disposition, the status of the voter
record shall be transferred to the proper fileproperly noted in
the statewide voter registration database.
(g) Upon receipt of an application or written confirmation
from the voter of a change of address within the county, change of
name, change of party affiliation or other correction to aan
active voter registration record,in the active voter registration
file, the change shall be entered in the record and the required
notice of disposition mailed.
(h) Upon receipt of an application or written confirmation
from thean inactive voter of a change of address within the
county, change of name, change of party affiliation or other
correction to a registration record,in the inactive voter
registration file, theany necessary change shall be entered in the
record, the required notice of disposition mailed and the record
transferredupdated to the active registration file or returned to
active status, and the date of the transaction shall be recorded.
Receipt of an application or written confirmation from an inactive
voter that confirms the voter's current address shall be treated in
the same manner.
(i) Upon receipt of a notice of death, a notice of conviction
or a notice of a determination of mental incompetence, as provided
for in section twenty-three of this article, the date and reason
for cancellation shall be entered on the voter's record and the record status shall be transferredchanged to the canceled. voter
registration file.
(j) Upon receipt from the voter of a request for cancellation
or notice of change of address to an address outside the county
pursuant to the provisions of section twenty-two of this article,
or as a result of a determination of ineligibility through a
general program of removing ineligible voters as authorized by the
provisions of this article, the date and reason for cancellation
shall be entered on the voter's record and the record status shall
be transferredchanged to the canceled. voter registration file.(k) At least once each month during a period prescribed by the
Secretary of State, the clerk of the county commission of each
county utilizing the state uniform voter data system shall transmit
to the Secretary of State, by electronic transmission or by the
mailing of one or more data disks or other approved means, a copy
of the active, inactive and pending application files as of the
date of transmission, for the purpose of comparison of those
records to the voter registration records of other counties in the
state and for any other list maintenance procedures authorized by
the provisions of this article.(l) The Secretary of State shall promulgate legislative rules
pursuant to the provisions of chapter twenty-nine-a of this code
establishing procedures for the elimination of separate precinct
registration books as the official active and inactive voter
registration files and for the use of the state uniform voter data
system to maintain all files, to produce voter lists for public inspection and to produce precinct voter records for election day
use. Separate precinct registration books shall be maintained
pursuant to the provisions of section nineteen of this article
until all necessary provisions required for the conduct of
elections at the polling place and for the implementation of the
provisions of this chapter have been made. When a county is
authorized to use the state uniform voter data system exclusively
for all prescribed files, the clerk of the county commission shall
transfer the original voter records contained in the precinct
registration books to alphabetical record storage files which shall
be retained in accordance with the provisions of section twenty-
nine of this article, and any rules issued pursuant thereto.§3-2-23. Cancellation of registration of deceased or ineligible
voters.
The clerk of the county commission shall cancel the
registration of a voter:(a)(1) Upon the voter's death as verified by:(1)(A) A death certificate from the Registrar of Vital
Statistics or a notice from the Secretary of State that a
comparison of the records of the registrar with the county voter
registration records show the person to be deceased;(2)(B) The publication of an obituary or other writing
clearly identifying the deceased person by name, residence and age
corresponding to the voter record; or(3)(C) An affidavit signed by the parent, legal guardian,
child, sibling or spouse of the voter giving the name and birth date of the voter, and date and place of death;(b)(2) Upon receipt of an official notice from a state or
federal court that the person has been convicted of a felony, of
treason or bribery in an election;in which event, the clerk shall
enter a notation on the voter record of the date upon which the
term of any sentence for such conviction will cease, unless sooner
vacated by court action or pardon;(c)(3) Upon receipt of a notice from the appropriate court of
competent jurisdiction of a determination of a voter's mental
incompetence;(d)(4) Upon receipt from the voter registration of a written
request to cancel the voter's registration, upon confirmation by
the voter of a change of address to an address outside the county,
upon notice from a voter registrar of another jurisdiction outside
the county or state of the receipt of an application for voter
registration in that jurisdiction, or upon notice from the
Secretary of State that a voter registration application was
accepted in another county of the state subsequent to the last
registration date in the first county, as determined from a
comparison of voter records; or
__(e)(5) Upon failure to respond and produce evidence of
continued eligibility to register following the challenge of the
voter's registration pursuant to the provisions of section twenty-
eight of this article.; or(f) As required under the provisions of section twenty-seven
of this article.§3-2-25. Systematic purging program for removal of ineligible
voters from active voter registration files;
comparison of data records; confirmation notices;
public inspection list.
(a) In any county maintaining active voter registration files
in the state uniform voter data system, as defined in section
twenty of this article, theThe systematic purging program
provided for in this section shall begin no earlier than October 1
of each odd-numbered year and shall be completed no later than
February 1 of the following year. The clerk of the county
commission shall transmit or mail on data disk to the Secretary of
State a copy of the digitized records contained in the active voter
registration file as of October 1, to be received by the Secretary
of State no later than October 15, .to the Secretary of State a
certification that the systematic purging program has been
completed and all voters identified as no longer eligible to vote
have been canceled in the statewide voter registration database in
accordance with the law no later than February 15 in the year in
which the purging program is completed.
(b) Upon receipt of the voter records in data format, theThe
Secretary of State shall provide for the comparison of data records
of all participating counties. The Secretary of State shall, based
on the comparison, prepare a data file or printed list for each
county which shall include the voter registration record for each
voter shown on that county's list who appears to have registered or
to have updated a voter registration in another county at a subsequent date. The resulting files and/or lists shall be
returned to the appropriate county and the clerk of the county
commission shall proceed with the confirmation procedure for those
voters as prescribed in section twenty-six of this article.
(c) The Secretary of State may provide for the comparison of
data records of participating counties with the data records of the
Division of Motor Vehicles, the registrar of vital statistics and
with the data records of any other state agency which maintains
records of residents of the state, if the procedure is practical
and the agency agrees to participate. Any resulting information
regarding potentially ineligible voters shall be returned to the
appropriate county and the clerk of the county commission shall
proceed with the confirmation procedure as prescribed in section
twenty-six of this article.
(d) The records of all of the voters of all participating
counties not identified pursuant to the procedures set forth in
subsections (b) and (c) of this section shall be combined for
comparison with United States Postal Service change of address
information, as described in section 8(c)(A) of the National Voter
Registration Act of 1993 (42 U. S. C. §1973gg, et seq.). The
Secretary of State shall contract with an authorized vendor of the
United States Postal Service to perform the comparison. Not less
than thirty percent nor more than fifty percent of The cost of the
change of address comparison procedure shall be paid for from the
combined voter registration and licensing fund established in
section twelve of this article and participating counties shall reimburse the fund for the balance of the cost prorated on a per
voter basisthe cost of the confirmation notices, labels and
postage shall be paid for by the counties.
(e) The Secretary of State shall return to each county the
identified matches of the county voter registration records and the
postal service change of address records.
(1) When the change of address information indicates the voter
has moved to a new address within the county, the clerk of the
county commission shall enter the new address on the voter record
in the active registration file and assign the proper precinct.
(2) The clerk of the county commission shall then mail to each
voter who appears to have moved from the residence address shown on
the registration records a confirmation notice pursuant to section
twenty-six of this article and of Section 8(d)(2) of the National
Voter Registration Act of 1993 (42 U. S. C. §1973gg, et seq.). The
notice shall be mailed, no later than December 31, to the new
address provided by the postal service records or to the old
address if a new address is not available.
(f) The clerk of the county commission shall prepare a list
containingindicate in the statewide voter registration database
the name and address of each voter to whom a confirmation notice
was mailed and the date on which the notice was mailed. The list
shall be titled "Systematic Purging Program Notices" and shall
include the name of the county and the date of the preparation of
the list and shall be arranged in alphabetical order within
precincts or for the entire county.
(g) Upon receipt of any response or returned mailing sent
pursuant to the provisions of subsection (e) of this section, the
clerk shall immediately enter the date and type of response
received onin the list of voters prepared pursuant to the
provisions of this sectionstatewide voter registration database
and shall then proceed in accordance with the provisions of section
twenty-six of this article.
(h) For purposes of complying with the record keeping and
public inspection requirements of the National Voter Registration
Act of 1993 (42 U. S. C. §1973gg, et seq.), and with the provisions
of section twenty-seven of this article, the public inspection
lists shall be maintained either in printed form kept in a binder
prepared for such purpose and available for public inspection
during regular business hours at the office of the clerk of the
county commission or in read-only data format available for public
inspection on computer terminals set aside and available for
regular use by the general public. Information concerning whether
or not each person has responded to the notice shall be entered
onto the listinto the statewide voter registration database upon
receipt and shall be available for public inspection as of the date
the information is received.
(i) Any voter to whom a confirmation notice was mailed
pursuant to the provisions of subsection (e) of this section who
fails to respond to the notice or to update his or her voter
registration address by February 1 immediately following the
completion of the program, shall be designated inactive and placed within the inactive voter registration file, as defined in section
nineteen of this article.in the statewide voter registration
database. Any voter designated inactive shall be required to
affirm his or her current residence address, on a form prescribed
by the Secretary of State, upon appearing at the polls to vote.(j) A county which uses a digitized data system for voter
registration other than the state uniform voter data system shall
conduct the systematic purging program for removal of ineligible
voters from active voter registration files by contracting directly
with an authorized vendor of the United States postal service for
change of address information, at county expense, for the
identification of potentially ineligible voters, and upon receipt
of the list of matches, shall perform the steps required by the
provisions of subsections (e) through (i) of this section within
the same time limits and procedures required for those counties
participating in the state approved system.(k)(j) In addition to the preceding purging procedures, all
counties using the change of address information of the United
States Postal Service shall also, once each four years during the
period established for systematic purging in the year following a
presidential election year, conduct the same procedure by mailing
a confirmation notice to those persons not identified as
potentially ineligible through the change of address comparison
procedure but who have not updated their voter registration records
and have not voted in any election during the preceding four
calendar years. The purpose of this additional systematic confirmation procedure shall be to identify those voters who may
have moved without filing a forwarding address, moved with a
forwarding address under another name, died in a another county or
state so that the certificate of death was not returned to the
clerk of the county commission, or who otherwise have become
ineligible.§3-2-29. Custody of original registration records.
(a) All original registration records and voter registration
data filesin paper format shall remain in the custody of the
county commission, by its clerk, or, electronically, in the
statewide voter registration database and shall not be removed
except for use in an election or by the order of a court of record
or in compliance with a subpoena duces tecum issued by the
Secretary of State pursuant to the provisions of section six,
article one-a of this chapter.
(b) All original voter registration records shall be retained
for a minimum of five years following the last recorded activity
relating to the record, except that any application which
duplicates and does not alter an existing registration shall be
retained for a minimum of two years following its receipt. The
Secretary of State shall promulgate rules pursuant to the
provisions of chapter twenty-nine-a of this code for the specific
retention times and procedures required for original voter
registration records.
(c) Prior to the destruction of original voter registration
applications or registration cards of voters whose registration has been canceled at least five years previously, the clerk of the
county commission shall notify the Secretary of State of the
intention to destroy those records. If the Secretary of State
determines, within ninety days of the receipt of the notice, that
those records are of sufficient historical value that microfilm or
other permanent data storage is desirable, the Secretary of State
may require that the records be delivered to a specified location
for processing at state expense.
(d) When a county maintains in digitized data format the
activeActive, inactive, pending, rejected and canceled
registration files, a data format copy of each of the filesrecords
shall be maintained as a permanent record, as follows:
(1) Individual canceled registration records shall be
maintained in a regularly accessible data filethe statewide voter
registration database for a period of at least threefive years
following cancellation. Upon the expiration of threefive years,
those individual records may be removed from the regularly
accessible canceled registration file and stored on tape or disk
The records removed may be added to a single file containing
previously canceled registration records for permanent storage, and
the tape or disk shall be clearly labeled.statewide voter
registration database and disposed of in accordance with the
appropriate document retention policy.
(2) Rejected registration record filesrecords shall be
maintained in the same manner as provided for canceled registration
filesrecords.(3) At least once each calendar year, during the month of
February, a data format copy of the active registration file,
inactive registration file and pending application file shall be
made containing all records maintained in those files as of the
date of the copy. The copy shall be stored on tape or disk and
shall be clearly labeled with the types of files and the date the
copy was made.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 535--A Bill to repeal
§3-2-24 of the Code of West Virginia, 1931, as amended; to amend
and reenact §3-1-3 of said code; and to amend and reenact §3-2-2,
§3-2-4a, §3-2-18, §3-2-19, §3-2-21, §3-2-23, §3-2-25 and §3-2-29 of
said code, all relating to the maintenance of voter registration
lists and related records generally; repealing provisions governing
superseded voter list purging procedures; updating specific
constitutional provisions relating to voting; modifying when a
person under the age of eighteen may vote in a primary election;
updating the processes and responsibilities for statewide voter
registration and establishing county and state roles in the voter
registration process; modifying the processes of maintaining voter
registration records; specifying county roles in maintaining voter
registration files for municipal elections; modifying processes for
the maintenance of records in the statewide voter registration
database; permitting registration records to be shared across state lines pursuant to certain programs; modifying processes for
cancellation of deceased or ineligible voters' registrations;
providing county and state roles in the systematic purging program
for removal of ineligible voters from active voter registration
records; and providing for the custody of paper and electronic
voter registration records.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 535, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 535) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 538, Eliminating
requirement law enforcement maintain files of domestic violence
orders.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.

Part 6. Disposition of Domestic Violence Orders.

§48-27-601. Transmitting orders to domestic violence database;
affidavit as to award of possession of real
property; service of order on respondent.
(a) Upon entry of an order pursuant to section 27-403 or part
27-501, et seq., or an order entered pursuant to part 5-501, et
seq., granting relief provided for by this article, a copy of the
order shall no later than the close of the next business day, be
immediately transmitted byelectronically by the court or the clerk
of the court to the domestic violence database established pursuant
to the provisions of section twenty-one, article one, chapter
fifty-one of this code. No later than the close of the next
business day the court or the clerk of the court shall transmit the
order to a local office of the municipal police, the county sheriff and the West Virginia State Police where it shall be placed in a
confidential file, with access provided only to the law-enforcement
agency and the respondent named on the order.for service upon the
respondent named in the order. The law-enforcement agency or
agencies to which a copy of the order is supplied are not required
to maintain a copy of the order after the respondent is served.
(b) A sworn affidavit may be executed by a party who has been
awarded exclusive possession of the residence or household,
pursuant to an order entered pursuant to section 27-503, and shall
be delivered to such law-enforcement agencies simultaneously with
any order giving the party's consent for a law-enforcement officer
to enter the residence or household, without a warrant, to enforce
the protective order or temporary order.
(c) Orders shall be promptly served upon the respondent.
Failure to serve a protective order on the respondent does not stay
the effect of a valid order if the respondent has actual notice of
the existence and contents of the order.
(d) Any law-enforcement agency in this state in possession of
or with notice of the existence of an order issued pursuant to the
provisions of section 27-403 or 27-501 of this article or the
provisions of section 5-509 of this chapter which is in effect or
has been expired for thirty days or less that receives a report
that a person protected by such an order has been reported to be
missing shall immediately follow its procedures for investigating
missing persons. No agency or department policy delaying the
beginning of an investigation shall havehas any force or effect.
(e) The provisions of subsection (d) of this section shall be
applied where a report of a missing person is made which is
accompanied by a sworn affidavit that the person alleged to be
missing was, at the time of his or her alleged disappearance, being
subjected to treatment which meets the definition of domestic
battery or assault set forth in section twenty-eight, article two,
chapter sixty-one of this code.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 538--A Bill to amend and
reenact §48-27-601 of the Code of West Virginia, 1931, as amended,
relating generally to disposition of domestic violence orders;
requiring the filing of domestic violence orders with the domestic
violence database; and modifying law enforcement's record-keeping
requirement for domestic violence orders.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 538, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 538) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as toEng. Com. Sub. for Senate Bill No. 586, Transferring authority
to license cosmetology, barber and massage schools to Council for
Community and Technical College Education.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 27. BOARD OF BARBERS AND COSMETOLOGISTS.
§30-27-3. Definitions.
As used in this article, the following words and terms have
the following meanings, unless the context clearly indicates
otherwise:
(a) "Aesthetics" or "esthetics" means any one or any
combination of the following acts when done on the human body for
compensation and not for the treatment of disease:
(1) Administering cosmetic treatments to enhance or improve
the appearance of the skin, including cleansing, toning, performing
effleurage or other related movements, stimulating, exfoliating or
performing any other similar procedure on the skin of the human
body or scalp;
(2) Applying, by hand or with a mechanical or electrical
apparatus, any cosmetics, makeups, oils, powders, clays,
antiseptics, tonics, lotions, creams or chemical preparations
necessary for the practice of aesthetics to another person's face,
neck, back, shoulders, hands, elbows and feet up to and including
the knee;
(3) The rubbing, cleansing, exercising, beautifying or
grooming of another person's face, neck, back, shoulders, hands,
elbows and feet up to and including the knee;
(4) The waxing, tweezing and threading of hair on another
person's body;
(5) The wrapping of another person's body in a body wrap;
(6) Applying artificial eyelashes and eyebrows; and
(7) The lightening of hair on the body except the scalp.
(b) "Aesthetician" or "esthetician" means a person licensed
under the provisions of this article who engages in the practice of
aesthetics.
(c) "Applicant" means a person making application for a professional license, license, certificate, registration, permit or
renewal under the provisions of this article.
(d) "Barber" means a person licensed under the provisions of
this article who engages in the practice of barbering.
(e) "Barbering" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) Shaving, shaping and trimming the beard, or both;
(2) Cutting, singeing, shampooing, arranging, dressing,
tinting, bleaching or applying lotions or tonics on human hair, or
a wig or hairpiece; and
(3) Applications, treatments or rubs of the scalp, face, or
neck with oils, creams, lotions, cosmetics, antiseptics, powders or
other preparations in connection with the shaving, cutting or
trimming of the hair or beard.
(f) "Barber crossover" or "cosmetologist crossover" is a
person who is licensed to perform barbering and cosmetology.
(g) "Barber permanent waving" means the following acts done on
the human body for compensation and not for the treatment of
disease:
(1) The bleaching or tinting of hair; and
(2) The permanent waving of hair.
(h) "Barber permanent wavist" means a person licensed to
perform barbering and barber permanent waving.
(i) "Board" means the West Virginia Board of Barbers and
Cosmetologists.
(j) "Certificate" means an instructor certificate to teach in
a school under the provisions of this article.
(k) "Certificate holder" means a person certified as an
instructor to teach in a school under the provisions of this
article.
(l) "Cosmetologist" means a person licensed under the
provisions of this article who engages in the practice of
cosmetology.
(m) "Cosmetology" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) Cutting, styling, shaping, arranging, braiding, weaving,
dressing, adding extensions, curling, waving, permanent waving,
relaxing, straightening, shampooing, cleansing, singeing,
bleaching, tinting, coloring, waxing, tweezing or similarly work on
human hair, or a wig or hairpiece, by any means, including hands,
mechanical or electrical devices or appliances;
(2) Nail care;
(3) Applying by hand or with a mechanical or electrical device
or appliance, any cosmetics, makeups, oils, powders, clays,
antiseptics, tonics, lotions, creams or chemical preparations
necessary for the practice of aesthetics to another person's face,
neck, shoulders, hands, elbows and feet up to and including the
knee;
(4) The rubbing, cleansing, exercising, beautifying or
grooming of another person's face, neck, shoulders, hands, elbows and feet up to and including the knee;
(5) The wrapping of another person's body in a body wrap; and
(6) Performing aesthetics.
(n) "General supervision" means:
(1) For schools, a master or certified instructor is on the
premises and is quickly and easily available; or
(2) For salons, a professional licensee is on the premises and
is quickly and easily available.
(o) "Hair braiding" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease: Braiding, plaiting, twisting,
wrapping, threading, weaving, extending or locking of natural human
hair by hand or mechanical device.
(p) "Hair styling" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) Cutting, styling, shaping, arranging, braiding, weaving,
dressing, adding extensions, curling, waving, permanent waving,
relaxing, straightening, shampooing, cleansing, singeing,
bleaching, tinting, coloring, waxing, tweezing, threading or
similarly work on human hair, or a wig or hairpiece, by any means,
including hands, mechanical or electrical devices or appliances;
(2) The rubbing, cleansing, exercising, beautifying or
grooming of another person's face, neck, shoulders, hands, elbows
and feet up to and including the knee.
(q) "Hair stylist" means a person licensed under the provisions of this article who engages in the practice of hair
styling.
(r) "License" means a professional license, a salon license or
a school license.(s) "Licensed school" means a facility which has been approved
by the West Virginia Council for Community and Technical College
Education pursuant to section nine, article two-b, chapter
eighteen-b of this code, to educate persons to be licensed or
issued certain permits under the provisions of this article.
_____(s)(t) "Licensee" means a person, corporation or firm holding
a license issued under the provisions of this article.(t)(u) "Nail care" means any one or any combination of the
following acts when done on the human body for compensation and not
for the treatment of disease:
(1) The cleansing, dressing or polishing of nails of a person;
(2) Performing artificial nail service; and
(3) The cosmetic treatment of the feet up to the knee and the
hands up to the elbow.(u)(v) "Nail technician" or "manicurist" means a person
licensed under the provisions of this article who engages in the
practice of nail care.(v)(w) "Permit" means a work permit.(w)(x) "Permitee" means a person holding a work permit.(x)(y) "Professional license" means a license to practice as
a aesthetician, barber, barber crossover, barber permanent wavist,
cosmetologist, cosmetologist crossover or nail technician.(y)(z) "Registration" means a registration issued by the
board to a person who rents or leases a booth or chair from a
licensed salon owner and operator, or both, or a registration
issued by the board to a person who is a student in a school.(z)(aa) "Registrant" means a person who holds a registration
under the provisions of this article.(aa)(bb) "Salon" means a shop or other facility where a
person practices under a professional license.(bb)(cc) "Salon license" means a license to own and operate
a salon.(cc) "School" means a facility to educate persons to be
licensed under the provisions of this article.(dd) "School license" means a license to own and operate a
school.(ee)(dd) "Student registration" means a registration issued
by the board to a student to study at a school licensed under the
provisions of this article.§30-27-5. Powers and duties of the board.
(a) The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law.
(b) The board shall:
(1) Hold meetings, conduct hearings and administer
examinations;
(2) Establish requirements for licenses, permits, certificates
and registrations;
(3) Establish procedures for submitting, approving and
rejecting applications for licenses, permits, certificates and
registrations;
(4) Determine the qualifications of any applicant for
licenses, permits, certificates and registrations;
(5) Prepare, conduct, administer and grade examinations for
professional licenses and certificates;
(6) Determine the passing grade for the examinations;
(7) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examinations and the pass and fail rate;(8) Set operational standards and requirements for licensed
schools;
_____(8)(9) Hire, discharge, establish the job requirements and
fix the compensation of the executive director;(9)(10) Maintain an office, and hire, discharge, establish
the job requirements and fix the compensation of employees,
investigators/inspectors and contracted employees necessary to
enforce the provisions of this article: Provided, That any
investigator/inspector employed by the board on July 1, 2009, shall
retain their coverage under the classified service, including job
classification, job tenure and salary, until that person retires or
is dismissed: Provided, however, That nothing may prohibit the
disciplining or dismissal of any investigator/inspector for cause;(10)(11) Investigate alleged violations of the provisions of
this article, legislative rules, orders and final decisions of the board;(11)(12) Establish the criteria for the training of
investigators/inspectors;(12)(13) Set the requirements for investigations and
inspections;(13)(14) Conduct disciplinary hearings of persons regulated
by the board;(14)(15) Determine disciplinary action and issue orders;(15)(16) Institute appropriate legal action for the
enforcement of the provisions of this article;(17) Report violations of the provisions of this article, and
legislative rules promulgated pursuant to this article, alleged to
have been committed by a licensed school to the West Virginia
Council for Community and Technical College Education. The board
may continue to investigate any alleged violation that it receives
by May 1, 2013, and shall conclude any such investigation by July
1, 2013. If the board determines that probable cause exists that
a violation occurred, the board immediately shall advise and
provide its investigation file to the West Virginia Council for
Community and Technical College Education;
_____(16)(18) Maintain an accurate registry of names and addresses
of all persons regulated by the board;(17)(19) Keep accurate and complete records of its
proceedings, and certify the same as may be necessary and
appropriate;(18)(20) Establish the continuing education requirements for professional licensees and certificate holders;(19)(21) Issue, renew, combine, deny, suspend, revoke or
reinstate licenses, permits, certificates and registrations;(20)(22) Establish a fee schedule;(21)(23) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article; and(22)(24) Take all other actions necessary and proper to
effectuate the purposes of this article.
(c) The board may:
(1) Establish joint licenses;
(2) Contract with third parties to administer the examinations
required under the provisions of this article;
(3) Sue and be sued in its official name as an agency of this
state;
(4) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions.§30-27-8. Professional license requirements.
(a) An applicant for a professional license to practice as a
aesthetician, barber, barber crossover, barber permanent wavist,
cosmetologist, hair stylist, cosmetologist crossover or nail
technician shall present satisfactory evidence that he or she:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Has a high school diploma, a GED, or has passed the
"ability to benefit test" approved by the United States Department of Education;
(4) Has graduated from a licensed school which has been
approved by the West Virginia Council for Community and Technical
College Education or has completed education requirements in
another state and meets the licensure provisions of the board;
(5) Has passed an examination that tests the applicant's
knowledge of subjects specified by the board: Provided, That the
board may recognize a certificate or similar license in lieu of the
examination or part of the examination that the board requires;
(6) Has paid the applicable fee;
(7) Presents a certificate of health from a licensed
physician;
(8) Is a citizen of the United States or is eligible for
employment in the United States; and
(9) Has fulfilled any other requirement specified by the
board.
(b) A license to practice issued by the board prior to July 1,
2009, shall for all purposes be considered a professional license
issued under this article: Provided, That a person holding a
license issued prior to July 1, 2009, must renew the license
pursuant to the provisions of this article.§30-27-11. Work permit.
(a) The board may issue a work permit to practice to an
applicant who meets the following conditions:
(1) Has graduated from a licensed school approved by the board
or has completed the course requirements in a specific field;West Virginia Council for Community and Technical College Education or
has completed education requirements in another state and meets the
licensure provisions of the board;
(2) Is waiting to take the examination;
(3) Has employment in the field in which he or she applied to
take the examination and is working under the general supervision
of a professional licensee;
(4) Has paid the work permit fee;
(5) Has presented a certificate of health issued by a licensed
physician;
(6) Is a citizen of the United States or is eligible for
employment in the United States; and
(7) Meets all the other requirements specified by the board.
(b) A work permit expires at the end of the month after
issuance following the next examination in the specific field. A
work permit may be renewed once.
(c) While in effect, a work permitee is subject to the
restrictions and requirements imposed by this article.§30-27-12. Student registration.
(a) Prior to commencing studies in a licensed school, licensed
under the provisions of this article a student shall acquire a
student registration issued by the board.
(b) An applicant for a student registration shall present
satisfactory evidence that he or she meets the following
conditions:
(1) Is enrolled as a student in an approveda licensed school; or enrolled in an approved course;
(2) Is of good moral character;
(3) Has paid the required fee;
(4) Has presented a certificate of health issued by a licensed
physician; and
(5) Is a citizen of the United States or is eligible for
employment in the United States.
(c) The student registration is good during the prescribed
period of study for the student.
(d) The student may perform acts constituting barbering,
barber permanent waving, cosmetology, aesthetics or nail care in a
school under the general supervision of a master or certified
instructor.ARTICLE 37. MASSAGE THERAPISTS.§30-37-7. Requirements for licensure; renewal of licenses;
reinstatement; penalties.
(a) The board shall propose rules for legislative approval in
accordance with article three, chapter twenty-nine-a of this code,
establishing a procedure for licensing of massage therapists.
License requirements shall include the following:
(1) Completion of a program of massage education at a school
approved by the West Virginia Higher Education Policy Commission
Council for Community and Technical College Education pursuant to
section nine, article two-b, chapter eighteen-b of this code or by
a state agency in another state, the District of Columbia or a
United States territory which approves educational programs and which meets qualifications for the National Certification Exam
administered through the National Certification Board for
Therapeutic Massage and Bodywork. This school shall require a
diploma from an accredited high school, or the equivalent, and
require completion of at least five hundred hours of supervised
academic instruction;
(2) Successful completion of the National Certification for
Therapeutic Massage and Bodywork (NCTMB) examination, or other
board approved examination; and
(3) Payment of a reasonable fee every two years required by
the board which shall compensate and be retained by the board for
the costs of administration.
(b) A license to practice massage therapy issued by the board
prior to July 1, 2006, shall for all purposes be considered a
license issued under this section: Provided, That a person holding
a license to practice massage therapy issued prior to July 1, 2006,
must renew the license pursuant to the provisions of this article:
Provided, however, That a person whose license was issued by the
board prior to July 1, 2006, and whose license subsequently lapses
may, in the discretion of the board, be subject to the licensing
requirements of this section.
(c) In addition to provisions for licensure, the rules shall
include:
(1) Requirements for completion of continuing education hours
conforming to NCTMB guidelines; and
(2) Requirements for issuance of a reciprocal license to licensees of states with requirements which may include the
successful completion of the NCTMB examination or other board
approved examination.
(d) Subject to the provisions of subsection (b) of this
section, the board may deny an application for renewal for any
reason which would justify the denial of an application for initial
licensure.
(e) Any person practicing massage therapy during the time his
or her license has lapsed is in violation of this article and is
subject to the penalties provided in this article.
(f) A massage therapist who is licensed by the board shall be
issued a certificate and a license number. The current, valid
license certificate shall be publicly displayed and available for
inspection by the board and the public at a massage therapist's
work site.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 586, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 586) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 586) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, to take effect from passage, and requested the concurrence
of the Senate in the House of Delegates amendment, as toEng. Senate Bill No. 596, Determining grant awards for
Chesapeake Bay and Greenbrier River watershed compliance projects.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 596--A Bill to amend and reenact
§31-15A-17b of the Code of West Virginia, 1931, as amended,
relating to requiring the West Virginia Infrastructure and Jobs
Development Council to direct the Water Development Authority to
make grants to certain eligible certified Chesapeake Bay and
Greenbrier River watershed compliance projects.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 596, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 596) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 596) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Senate Bill No. 663, Creating WV Feed to Achieve Act.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 5D. WEST VIRGINIA FEED TO ACHIEVE ACT.
§18-5D-1. Short title.
This act shall be known and may be cited as the West Virginia
Feed to Achieve Act.§18-5D-2. Legislative findings; intent.
(a) The Legislature finds and declares that:
(1) Every child in school needs to have nutritious meals in
order to achieve his or her potential. Providing the best schools
and teachers alone does not ensure a child is mentally present and
able to learn. A growing body of research establishes that a
hungry child is less able to process the information provided and
is less likely to be attentive to the lessons being taught.
(2) President Harry S. Truman began the national school lunch
program in 1946 as a measure of national security to safeguard the
health and well-being of the nation's children and to encourage the
domestic consumption of nutritious agricultural commodities and
other food. Last year in West Virginia, 32.3 million school
lunches were served to students in public schools.
(3) Research shows that healthy eating, proper nutrition and
regular physical activity result in students who have: (A)
Increased standardized achievement test scores; (B) improved
attendance; (C) reduced tardiness; (D) improved academic,
behavioral and emotional functioning; and (E) improved nutrition,
and for many students, the nutritious breakfast at school is
essential.
(4) Schools that provide universal breakfast programs also
report: (A) Decreases in discipline and psychological problems; (B) decreases in visits to school nurses; (C) decreases in tardiness;
(D) increases in student attentiveness; (E) increases in
attendance; and (F) improved learning environments, and these
positive attributes are furthered through comprehensive healthy
schools policies that include quality nutrition, integrating
physical activity during the school day, and teaching children
about the importance of embracing a healthy active lifestyle.
(5) An effective school breakfast program is not an
interruption of the school day; it is an integral and vital part of
the school day.
(6) The participation rate for the school breakfast program
varies greatly among our counties. Those counties which have made
a determined effort to increase participation by offering programs
to best meet student needs, such as Grab-And-Go Breakfasts,
providing Breakfast in the Classroom or providing Breakfast After
First Period, are feeding significantly higher percentages of their
students.
(7) The West Virginia Center on Budget and Policy reports that
in 2011 more than twenty-five percent of the children in West
Virginia lived in homes with a household income below the federal
poverty line, which is $23,050 for a family of four. About fifty
percent of West Virginia children live in homes with a household
income below twice the federal poverty level, $46,100 for a family
of four, which is approximately the level of the Work Force West
Virginia self-sufficiency standard.
(8) The majority of students from families below the self-sufficiency standard are currently not eating breakfast at school.
On the average school day during the 2011-2012 school year, less
than half of the West Virginia students eligible for a federally
funded free breakfast actually received one. On that same average
day, only about one third of the students eligible to receive a
reduced price breakfast actually received one.
(9) In order to maximize each child's potential to learn and
develop, the Legislature, schools and communities must partner to
provide the most basic support for learning: nutritious meals.
(10) In order to maximize student participation in school
nutrition programs and to reduce the secondary adverse impacts of
poverty, it is important that schools provide nutritious meals
without a risk to students of being stigmatized as poor.
(11) High rates of childhood hunger and childhood obesity
occur simultaneously because children are not receiving healthy,
nutritious food. According to the Data Resource Center for Child
and Adolescent Health and others, in 2008 West Virginia ranked 44
in overall prevalence of childhood obesity, with 35.5 percent of
children considered either overweight or obese.
(12) According to the 2008 Pediatric Nutrition Surveillance
System, which assesses weight status of children from low-income
families participating in the Women Infants and Children program,
28.3 percent of low income children age two to five are overweight
or obese in West Virginia.
(13) The Food Research and Action Center has found that
providing a balanced school breakfast may protect against childhood obesity. School breakfast participation, particularly when
combined with comprehensive efforts that include regular physical
activity and promote healthy eating habits, is associated with a
lower body mass index, a lower probability of being overweight and
a lower probability of obesity, all of which help prevent a range
of chronic diseases including Type II Diabetes, high blood
cholesterol, high blood pressure, heart disease and stroke.
(14) Participation in federally funded meals in child care,
preschool, school or summer settings is associated with a lower
body mass index among young, low income children.
(15) Private and nonprofit sectors have shown a willingness to
commit significant resources to addressing hunger in America,
leveraging federal programs and enlisting their employees,
customers and clients to improve the availability and accessibility
of affordable, healthy food for those in need of assistance.
(16) Public schools in this state and others are adopting a
continuum of policies to implement low cost, effective programs
that include physical activity, physical education, proper
nutrition and the promotion of healthy eating habits, along with
involvement by school staff, families and communities, and a
variety of resources to assist schools in adopting and implementing
these programs are easily accessible on the internet and through
the Office of Healthy Schools in the West Virginia Department of
Education.
(b) In order to maximize the economies of scale and to access
all available federal funds to support our school nutrition programs, the Feed to Achieve initiative directs schools to make
available and to promote the federally approved and subsidized
meals to all pre-kindergarten through twelfth grade students, to
make them readily available and to consider reducing or eliminating
the cost to students if sufficient funds become available.
(c) The Legislature intends to provide a framework for the
State Board of Education and the county boards of education to
provide, as effectively and as efficiently as possible, a minimum
of two nutritious meals each school day to all students.
(d) The Legislature intends for the state and county boards of
education to enter into public-private partnerships to eventually
provide free nutritious meals for all pre-kindergarten through
twelfth grade school children in West Virginia.
(e) The Legislature encourages county boards to examine the
options available for comprehensive policies and programs to
improve student health and promote academic achievement and to
establish a comprehensive policy on healthy schools that best meets
the needs of their student population.
(f) It is not the intention of the Legislature to allow or
encourage parents to abdicate their parental responsibility related
to providing healthy, nutritious meals for their children.
However, it is the intent of the Legislature that no child be
denied nutritious meals.
(g) It is the intent of the Legislature that healthy
nutritious school lunches be made available to all students in a
manner which maximizes participation and minimizes stigma attached to participating low income students.§18-5D-3. School nutrition programs.
(a) Each county board of education shall establish and operate
school nutrition programs under which, at a minimum, a nutritious
breakfast and lunch are made effectively available to all students
enrolled in the schools of the county in accordance with the State
Board of Education standards. The standards shall include
guidelines for determining the eligibility of students for paid,
free and reduced meals. The standards shall also establish
procedures and guidelines for the Feed to Achieve initiative to
allow for the provision of healthy, nutritious meals to all
elementary school students, without cost to students, where schools
find it practical to do so.
(b) The Feed to Achieve initiative will be phased in for all
elementary schools as sufficient funds become available, through
donations, contributions and payments made by individuals,
communities, businesses, organizations and parents or guardians on
behalf of students. Nothing in this article prohibits any school
from providing free meals to all of its students.
(c) Each county board of education shall:
(1) Require all schools to adopt a delivery system approved by
the state Office of Child Nutrition, no later than the 2015 school
year, that ensures all students are given an adequate opportunity
to eat breakfast. These approved systems shall include, but are
not limited to, Grab-And-Go Breakfasts, Breakfast in the Classroom
or Breakfast After First Period; and
(2) Collaborate with the state Office of Child Nutrition to
develop strategies and methods to increase the percentage of
children participating in the school breakfast and lunch nutrition
programs.
(d) In addition to other statistics, the county boards of
education, in consultation with the state Office of Child
Nutrition, shall determine the number of children in each school
who are participating in each meal offered by the school; the
number of children who are not eating each meal offered by the
school; and the total daily attendance.
(e) The state Office of Child Nutrition shall report to the
Joint Committee on Government and Finance, the Select Committee on
Children and Poverty and the Legislative Oversight Commission on
Education Accountability on or before December 31, 2015, and each
year thereafter, on the impacts of the Feed to Achieve Act and any
recommendations for legislation.
(f) County boards of education may utilize the nonprofit funds
or foundations established in section four of this article or other
available funds to offset the costs of providing free meals, after
school and summer nutrition programs to elementary students.
(g) If at any time federal financial appropriations to this
state for school nutrition programs are terminated, county boards
of education are hereby authorized, but not required, to continue
the programs at their own expense.
(h) Classroom teachers may not be required to participate in
the operation of the school breakfast program as part of their regular duties.§18-5D-4. Creating public-private partnerships; creating nonprofit
foundation or fund; audit.
(a) The Department of Education and each county board of
education shall promptly establish a fund that is restricted solely
for the receipt and expenditure of gifts, grants and bequests for
the purposes of this article and may establish in lieu thereof a
nonprofit foundation for this purpose. The purpose of the fund or
nonprofit foundation is to provide supplemental or matching funds
to increase participation in the nutrition programs in the Feed to
Achieve initiative set forth in subsection (c) of this section.
The Department of Education shall utilize its fund or nonprofit
foundation to assist county boards of education in counties whose
fund or foundation lacks sufficient business, industry and
individual contributors to fund the Feed to Achieve nutrition
programs.
(b) Financial support for the fund or foundation may come from
either public or private gifts, grants, contributions, bequests and
endowments.
(c) Expenditures from the state or county funds or by the
foundations shall be used for provision of food to students through
any of the programs or initiatives approved by the Office of Child
Nutrition, including the following programs: School Breakfast
Program, National School Lunch Program, the Summer Food Service
Program, the Fresh Fruit and Vegetable Program, the Child and Adult
Care Food Program, the farm to school initiative and community gardens. Expenditures may also be made for initiatives developed
with the Department of Health and Human Resources and public-
private partnerships to provide outreach and nutritional meals when
students are not in school.
(d) No administrative expenses or personnel expenses for any
of the state departments implementing this act, the State Board of
Education, any county board of education, school or program may be
paid from the funds or by the foundations.
(e) Individuals or businesses that contribute to the funds or
foundations may specify schools or nutrition programs for which the
contribution is to be used.
(f) The Department of Education and county boards of education
may establish public-private partnerships to enhance current or
advance additional nutrition programs that provide nutritious food
for children to take home for weekend meals.
(g) The Department of Education and county boards of education
shall form or expand existing partnerships with the federal and
state departments of agriculture, Department of Health and Human
Resources, local master gardeners, county extension agents or other
experts in the field of agriculture or gardening to develop
community gardens, farm to school programs and other such programs
that teach students how to grow and produce healthy food and
provide healthy food to the students.
(h) The Department of Education shall collaborate with the
Department of Health and Human Resources to develop effective
strategies and programs such as after school nutrition outreach and programs that improve the healthy lifestyle of all students in pre-
kindergarten through twelfth grade. The Department of Health and
Human Resources may propose rules for promulgation in accordance
with the provisions of article three, chapter twenty-nine-a of this
code to effectuate any programs so developed.
(i) All moneys contributed to a fund or foundation established
pursuant to this section and all expenditures made therefrom shall
be audited as part of the annual independent audit of the State
Board of Education and the county boards of education.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 663--A Bill to repeal §18-5-37 the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new article, designated §18-5D-1, §18-5D-2 ,§18-
5D-3 and §18-5D-4, all relating to improving the nutrition,
physical activity and health of West Virginia's children; creating
the West Virginia Feed to Achieve Act; providing legislative
findings and intent; encouraging adoption of comprehensive policies
and programs; phasing in implementation of the West Virginia Feed
to Achieve Act; making nutritious breakfast and lunch be made
available to all students; promoting delivery systems, strategies
and methods to maximize participation by students; providing for
recordkeeping and reporting; authorizing continuation or
termination of nutrition programs under certain conditions;
providing that classroom teachers may not be required to operate a breakfast program as part of their regular duties; establishing
restricted use funds or nonprofit foundations to provide moneys for
school nutrition programs; providing for acceptance of private
contributions; authorizing expenditures of private funds to draw
down maximum federal funds for child nutrition; authorizing certain
expenditures; prohibiting use of private funds for administrative
or personnel expenses; authorizing partnerships with federal and
state agencies and public and private organizations to expand
options for providing healthy, nutritious food to children;
encouraging healthy food initiatives such as community gardens and
farm to school programs; and requiring an annual audit of the
private funds.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 663, as amended by the House of
Delegates, was then put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 663 pass?"
On the passage of the bill, the yeas were: Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 663) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Beach, Blair, Boley, Cann,
Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons,
Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird, McCabe,
Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler
(Mr. President)--33.
The nays were: Barnes--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 663) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as toEng. Senate Bill No. 664, Decreasing appropriations of public
moneys in State Fund, General Revenue.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page seven, by striking out the following:
"Whereas, The Constitution of the State of West Virginia
requires that there be a balance between the state's revenues and
expenditures for each fiscal year; and".
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 664, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 664) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 664) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 107--Expressing support for
the President's proposal to increase the minimum wage to $9 per
hour from $7.25 per hour.
Referred to the Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 140--Recognizing July 16 as
"Atomic Veterans Day of Remembrance" in West Virginia.
At the request of Senator Unger, and by unanimous consent, the
message was taken up for immediate consideration and reference of
the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendment to,
and requested the Senate to recede therefrom, as toEng. Com. Sub. for House Bill No. 2014, Budget Bill, making
appropriations of public money out of the treasury in accordance
with section fifty-one, article six of the Constitution.
On motion of Senator Unger, the Senate refused to recede from
its amendment to the bill and requested the appointment of a
committee of conference of seven from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Prezioso, Facemire, Plymale, Stollings, Unger, M.
Hall and Sypolt.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 21, Creating Health Care
Provider Transparency Act.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-1C-1, §16-1C-2,
§16-1C-3, §16-1C-4 and §16-1C-5, all to read as follows:ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.§16-1C-1. Definitions.
(a) "Direct patient care" means health care that provides
for the physical, diagnostic, emotional or rehabilitation needs of
a patient or health care that involves examination, treatment or
preparation for diagnostic tests or procedures.
(b) "Employee" means an employee or contractor of a health
care provider or a person who is granted privileges by a health
care provider who delivers direct patient care.
(c) "Health care provider" means an individual, partnership,
corporation, facility, hospital or institution licensed or
certified or authorized by law to provide professional health care
service in this state to a patient during that patient's medical,
remedial or behavioral health care, treatment or confinement.
(d) "Secretary" means the Secretary of the West Virginia
Department of Health and Human Resources. The secretary may define
in rules any term or phrase used in this article which is not
expressly defined.§16-1C-2. Identification badge requirements. Notwithstanding any other provision of this code, an employee shall wear an identification badge when providing direct patient
care. The identification badge shall be worn in a conspicuous
manner so as to be visible and apparent.§16-1C-3. Exceptions.
(a) Notwithstanding section three of this article, the
following shall apply:
(1) An employee shall not be required to wear an
identification badge while delivering direct patient care if it is
not clinically feasible.
(2) The last name of the employee may be omitted or concealed
from an identification badge when delivering direct patient care if
the employee is concerned for his or her safety.
(b) An employee may petition the secretary for an exemption
from the requirements of this article for reasons that are not set
forth in this section.
(c) An employee providing direct patient care in a behavioral
health care setting may not be required to wear an identification
badge.§16-1C-4. Rules.
The Secretary of the Department of Health and Human Resources,
in consultation with appropriate health care provider professional
licensing boards, shall propose rules for legislative approval in
accordance with the provisions of chapter twenty-nine-a of this
code to implement the provisions of this article. These rules
shall include, at a minimum:
(1) The contents of the identification badge, which shall at least include the name of the employee and title of the employee;
(2) The title to be used to identify employee licensure
information;
(3) The appearance of the identification badge, which shall
have the title of the employee as large as possible in block type:
Provided, That health care facilities providing identification
badges prior to enactment of this article shall not be required to
issue new badges;
(4) The process and procedure for seeking an exemption from
the requirements of this article; and
(5) Such other rules as may be deemed necessary to effectuate
the purposes of this article.
§16-1C-5. Applicability.
Section three of this article applies to employees of health
care providers, who employ at least three licensed practitioners or
employ more than ten employees, as of July 1, 2015.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 21--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4 and
§16-1C-5, all relating generally to requiring health care providers
to wear identification badges; providing definitions; establishing
identification badge requirements; setting forth exceptions;
providing for applicability; and granting rule-making authority.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 21, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 21) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 22, Requiring maternity
services coverage for all health insurance plan dependents in
certain circumstances.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF GOVERNOR, SECRETARY
OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.§5-16-7. Authorization to establish group hospital and surgical
insurance plan, group major medical insurance plan,
group prescription drug plan and group life and
accidental death insurance plan; rules for
administration of plans; mandated benefits; what
plans may provide; optional plans; separate rating
for claims experience purposes.
(a) The agency shall establish a group hospital and surgical
insurance plan or plans, a group prescription drug insurance plan
or plans, a group major medical insurance plan or plans and a group
life and accidental death insurance plan or plans for those
employees herein made eligible and to establish and promulgate
rules for the administration of these plans subject to the
limitations contained in this article. ThoseThese plans shall
include:
(1) Coverages and benefits for X ray and laboratory services
in connection with mammograms when medically appropriate and consistent with current guidelines from the United States
Preventive Services Task Force; pap smears, either conventional or
liquid-based cytology, whichever is medically appropriate, and
consistent with the current guidelines from either the United
States Preventive Services Task Force or The American College of
Obstetricians and Gynecologists; and a test for the human papilloma
virus (HPV) when medically appropriate and consistent with current
guidelines from either the United States Preventive Services Task
Force or The American College of Obstetricians and Gynecologists,
when performed for cancer screening or diagnostic services on a
woman age eighteen or over;
(2) Annual checkups for prostate cancer in men age fifty and
over;
(3) Annual screening for kidney disease as determined to be
medically necessary by a physician using any combination of blood
pressure testing, urine albumin or urine protein testing and serum
creatinine testing as recommended by the National Kidney
Foundation;
(4) For plans that include maternity benefits, coverage for
inpatient care in a duly licensed health care facility for a mother
and her newly born infant for the length of time which the
attending physician considers medically necessary for the mother or
her newly born child. Provided, That noNo plan may deny payment
for a mother or her newborn child prior to forty-eight hours
following a vaginal delivery or prior to ninety-six hours following
a caesarean section delivery if the attending physician considers discharge medically inappropriate;
(5) For plans which provide coverages for post-delivery care
to a mother and her newly born child in the home, coverage for
inpatient care following childbirth as provided in subdivision (4)
of this subsection if inpatient care is determined to be medically
necessary by the attending physician. ThoseThese plans may also
include, among other things, medicines, medical equipment,
prosthetic appliances and any other inpatient and outpatient
services and expenses considered appropriate and desirable by the
agency; and
(6) Coverage for treatment of serious mental illness:
(A) The coverage does not include custodial care, residential
care or schooling. For purposes of this section, "serious mental
illness" means an illness included in the American Psychiatric
Association's diagnostic and statistical manual of mental
disorders, as periodically revised, under the diagnostic categories
or subclassifications of: (i) Schizophrenia and other psychotic
disorders; (ii) bipolar disorders; (iii) depressive disorders; (iv)
substance-related disorders with the exception of caffeine-related
disorders and nicotine-related disorders; (v) anxiety disorders;
and (vi) anorexia and bulimia. With regard to anya covered
individual who has not yet attained the age of nineteen years,
"serious mental illness" also includes attention deficit
hyperactivity disorder, separation anxiety disorder and conduct
disorder.
(B) Notwithstanding any other provision in this section to the contrary, in the event that the agency can demonstrateif the
agency demonstrates that its total costs for the treatment of
mental illness for any plan exceededexceeds two percent of the
total costs for such plan in any experience period, then the agency
may apply whatever additional cost-containment measures may be
necessary including, but not limited to, limitations on inpatient
and outpatient benefits, to maintain costs below two percent of the
total costs for the plan for the next experience period.in order
to maintain costs below two percent of the total costs for the plan
for the next experience period. These measures may include, but
are not limited to, limitations on inpatient and outpatient
benefits.
(C) The agency shall not discriminate between medical-surgical
benefits and mental health benefits in the administration of its
plan. With regard to both medical-surgical and mental health
benefits, it may make determinations of medical necessity and
appropriateness and it may use recognized health care quality and
cost management tools including, but not limited to, limitations on
inpatient and outpatient benefits, utilization review,
implementation of cost-containment measures, preauthorization for
certain treatments, setting coverage levels, setting maximum number
of visits within certain time periods, using capitated benefit
arrangements, using fee-for-service arrangements, using third-party
administrators, using provider networks and using patient cost
sharing in the form of copayments, deductibles and coinsurance.
(7) Coverage for general anesthesia for dental procedures and associated outpatient hospital or ambulatory facility charges
provided by appropriately licensed health care individuals in
conjunction with dental care if the covered person is:
(A) Seven years of age or younger or is developmentally
disabled and is an individual for whom a successful result cannot
be expected from dental care provided under local anesthesia
because of a physical, intellectual or other medically compromising
condition of the individual and for whom a superior result can be
expected from dental care provided under general anesthesia;
(B) A child who is twelve years of age or younger with
documented phobias or with documented mental illness and with
dental needs of such magnitude that treatment should not be delayed
or deferred and for whom lack of treatment can be expected to
result in infection, loss of teeth or other increased oral or
dental morbidity and for whom a successful result cannot be
expected from dental care provided under local anesthesia because
of such condition and for whom a superior result can be expected
from dental care provided under general anesthesia.
(8) (A) Any plan issued or renewed on or after January 1, 2012
shall include coverage for diagnosis, evaluation and treatment of
autism spectrum disorder in individuals ages eighteen months to
eighteen years. To be eligible for coverage and benefits under
this subdivision, the individual must be diagnosed with autism
spectrum disorder at age eight or younger. Such policyplan shall
provide coverage for treatments that are medically necessary and
ordered or prescribed by a licensed physician or licensed psychologist and in accordance with a treatment plan developed from
a comprehensive evaluation by a certified behavior analyst for an
individual diagnosed with autism spectrum disorder.
(B) The coverage shall include, but not be limited to, applied
behavior analysis Applied behavior analysiswhich shall be provided
or supervised by a certified behavior analyst. The annual maximum
benefit for applied behavior analysis required by this subdivision
shall be in an amount not to exceed $30,000 per individual for
three consecutive years from the date treatment commences. At the
conclusion of the third year, coverage for applied behavior
analysis required by this subdivision shall be in an amount not to
exceed $2,000 per month, until the individual reaches eighteen
years of age, as long as the treatment is medically necessary and
in accordance with a treatment plan developed by a certified
behavior analyst pursuant to a comprehensive evaluation or
reevaluation of the individual. This subdivision shall not be
construed as limiting, replacing or affectingdoes not limit,
replace or affect any obligation to provide services to an
individual under the Individuals with Disabilities Education Act,
20 U. S. C. 1400 et seq., as amended from time to time or other
publicly funded programs. Nothing in this subdivision shall be
construed as requiringrequires reimbursement for services provided
by public school personnel.
(C) The certified behavior analyst shall file progress reports
with the agency semiannually. In order for treatment to continue,
the agency must receive objective evidence or a clinically supportable statement of expectation that:
(i) The individual's condition is improving in response to
treatment; and
(ii) A maximum improvement is yet to be attained; and
(iii) There is an expectation that the anticipated improvement
is attainable in a reasonable and generally predictable period of
time.
(D) On or before January 1 each year, the agency shall file an
annual report with the Joint Committee on Government and Finance
describing its implementation of the coverage provided pursuant to
this subdivision. The report shall include, but shall not be
limited to, the number of individuals in the plan utilizing the
coverage required by this subdivision, the fiscal and
administrative impact of the implementation and any recommendations
the agency may have as to changes in law or policy related to the
coverage provided under this subdivision. In addition, the agency
shall provide such other information as may be required by the
Joint Committee on Government and Finance as it may from time to
time request.
(E) For purposes of this subdivision, the term:
(i) "Applied behavior analysis" means the design,
implementation and evaluation of environmental modifications using
behavioral stimuli and consequences in order to produce socially
significant improvement in human behavior includingand includes
the use of direct observation, measurement and functional analysis
of the relationship between environment and behavior.
(ii) "Autism spectrum disorder" means any pervasive
developmental disorder including autistic disorder, Asperger's
Syndrome, Rett Syndrome, childhood disintegrative disorder or
Pervasive Development Disorder as defined in the most recent
edition of the Diagnostic and Statistical Manual of Mental
Disorders of the American Psychiatric Association.
(iii) "Certified behavior analyst" means an individual who is
certified by the Behavior Analyst Certification Board or certified
by a similar nationally recognized organization.
(iv) "Objective evidence" means standardized patient
assessment instruments, outcome measurements tools or measurable
assessments of functional outcome. Use of objective measures at
the beginning of treatment, during and after treatment is
recommended to quantify progress and support justifications for
continued treatment. The tools are not required but their use will
enhance the justification for continued treatment.
(F) To the extent that the application of this subdivision for
autism spectrum disorder causes an increase of at least one percent
of actual total costs of coverage for the plan year, the agency may
apply additional cost containment measures.
(G) To the extent that the provisions of this subdivision
require benefits that exceed the essential health benefits
specified under section 1302(b) of the Patient Protection and
Affordable Care Act, Pub. L. No. 111-148, as amended, the specific
benefits that exceed the specified essential health benefits shall
not be required of insurance plans offered by the Public Employees Insurance Agency.(9) For plans that include maternity benefits, coverage for
the same maternity benefits for all individuals participating in or
receiving coverage under plans that are issued or renewed on or
after January 1, 2014: Provided, That to the extent that the
provisions of this subdivision require benefits that exceed the
essential health benefits specified under Section 1302(b) of the
Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as
amended, the specific benefits that exceed the specified essential
health benefits shall not be required of a health benefit plan when
the plan is offered in this state. (b) The agency shall, with full authorization, make available
to each eligible employee, at full cost to the employee, the
opportunity to purchase optional group life and accidental death
insurance as established under the rules of the agency. In
addition, each employee is entitled to have his or her spouse and
dependents, as defined by the rules of the agency, included in the
optional coverage, at full cost to the employee, for each eligible
dependent. and with full authorization to the agency to make the
optional coverage available and provide an opportunity of purchase
to each employee.
(c) The finance board may cause to be separately rated for
claims experience purposes:
(1) All employees of the State of West Virginia;
(2) All teaching and professional employees of state public
institutions of higher education and county boards of education;
(3) All nonteaching employees of the Higher Education Policy
Commission, West Virginia Council for Community and Technical
College Education and county boards of education; or
(4) Any other categorization which would ensure the stability
of the overall program.
(d) The agency shall maintain the medical and prescription
drug coverage for Medicare eligible retirees by providing coverage
through one of the existing plans or by enrolling the Medicare
eligible retired employees into a Medicare specific plan,
including, but not limited to, the Medicare/Advantage Prescription
Drug Plan. In the event thatIf a Medicare specific plan would no
longer beis no longer available or advantageous for the agency and
the retirees, the retirees shall remain eligible for coverage
through the agency.

CHAPTER 33. INSURANCE.

ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.§33-15-4k.Maternity coverage.
Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article, any health
insurance policy subject to this article, issued or renewed on or
after January 1, 2014, which provides health insurance coverage for
maternity services, shall provide coverage for maternity services
for all persons participating in or receiving coverage under the
policy. To the extent that the provisions of this section require
benefits that exceed the essential health benefits specified under
Section 1302(b) of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, as amended, the specific benefits that exceed
the specified essential health benefits are not required of a
health benefit plan when the plan is offered by a health care
insurer in this state. Coverage required under this section may
not be subject to exclusions or limitations which are not applied
to other maternity coverage under the policy.ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3w. Maternity coverage.
Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article, any health
insurance policy subject to this article, issued or renewed on or
after January 1, 2014, which provides health insurance coverage for
maternity services, shall provide coverage for maternity services
for all persons participating in, or receiving coverage under the
policy. To the extent that the provisions of this section require
benefits that exceed the essential health benefits specified under
Section 1302(b) of the Patient Protection and Affordable Care Act,
Pub. L. No. 111-148, as amended, the specific benefits that exceed
the specified essential health benefits are not required of a
health benefit plan when the plan is offered by a health care
insurer in this state. Coverage required under this section may
not be subject to exclusions or limitations which are not applied
to other maternity coverage under the policy.ARTICLE 24. HOSPITAL MEDICAL AND DENTAL CORPORATIONS.
§33-24-7l. Maternity coverage.
Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, a health
insurance policy subject to this article, issued or renewed on or
after January 1, 2014, which provides health insurance coverage for
maternity services, shall provide coverage for maternity services
for all persons participating in, or receiving coverage under the
policy. To the extent that the provisions of this section require
benefits that exceed the essential health benefits specified under
Section 1302(b) of the Patient Protection and Affordable Care Act,
Pub. L. No. 111-148, as amended, the specific benefits that exceed
the specified essential health benefits are not required of a
health benefit plan when the plan is offered by a health care
insurer in this state. Coverage required under this section may
not be subject to exclusions or limitations which are not applied
to other maternity coverage under the policy.ARTICLE 25. HEALTH CARE CORPORATION.
§33-25-8i. Maternity coverage.
Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article, a health
insurance policy subject to this article, issued or renewed on or
after January 1, 2014, which provides health insurance coverage for
maternity services, shall provide coverage for maternity services
for all persons participating in, or receiving coverage under the
policy. To the extent that the provisions of this section require
benefits that exceed the essential health benefits specified under
Section 1302(b) of the Patient Protection and Affordable Care Act,
Pub. L. No. 111-148, as amended, the specific benefits that exceed the specified essential health benefits are not required of a
health benefit plan when the plan is offered by a health care
insurer in this state. Coverage required under this section may
not be subject to exclusions or limitations which are not applied
to other maternity coverage under the policy.ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-8k. Maternity coverage.
Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article, a health
insurance policy subject to this article, issued or renewed on or
after January 1, 2014, which provides health insurance coverage for
maternity services, shall provide coverage for maternity services
for all persons participating in, or receiving coverage under the
policy. To the extent that the provisions of this section require
benefits that exceed the essential health benefits specified under
Section 1302(b) of the Patient Protection and Affordable Care Act,
Pub. L. No. 111-148, as amended, the specific benefits that exceed
the specified essential health benefits are not required of a
health benefit plan when the plan is offered by a health care
insurer in this state. Coverage required under this section may
not be subject to exclusions or limitations which are not applied
to other maternity coverage under the policy.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 22--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated
§33-15-4k; to amend said code by adding thereto a new section,
designated §33-16-3w; to amend said code by adding thereto a new
section, designated §33-24-7l; to amend said code by adding thereto
a new section, designated §33-25-8i; and to amend said code by
adding thereto a new section, designated §33-25A-8k, all relating
generally to requiring health insurance coverage of maternity
services in certain circumstances; providing maternity services for
all individuals participating in or receiving insurance coverage
under a health insurance policy or plan if those services are
covered under the policy or plan; modifying required benefits for
public employees insurance, accident and sickness insurance, group
accident and sickness insurance, hospital medical and dental
corporations, health care corporations and health maintenance
organizations; and providing exceptions to the extent that required
benefits exceed the essential health benefits specified under the
Patient Protection and Affordable Care Act.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 22, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 22) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage ofEng. Com. Sub. for Senate Bill No. 74, Relating to jury
service qualification.
A message from The Clerk of the House of Delegates announced
the amendment by that body, to take effect July 1, 2013, and
requested the concurrence of the Senate in the House of Delegates
amendment, as toEng. Com. Sub. for Com. Sub. for Senate Bill No. 101,
Clarifying Medical Professional Liability Act applies to nursing
homes and their health care providers.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page seven, section fifteen, line one hundred three, after "2013." by inserting the following: The amendments to this section
in 2013 are not in any way intended to modify, change, expand or
contract the Medical Professional Liability Act.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 101, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 101) passed with its title.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 101) takes effect July 1,
2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 103, Creating WV Commuter
Rail Access Act.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §29-18-3 and §29-18-6 of the Code of West Virginia, 1931,
as amended, be amended and reenacted; and that said code be amended
by adding thereto a new section, designated §29-18-24, all to read
as follows:ARTICLE 18. WEST VIRGINIA STATE RAIL AUTHORITY.§29-18-3. Definitions. As used in this article unless the context clearly requires a
different meaning:
(1) "Authority" means the West Virginia railroad maintenance
State Rail Authority created by this article, the duties, powers,
responsibilities and functions of which are specified in this
article.
(2) "Bond" or "railroad maintenanceState Rail Authority bond"
means a revenue bond or rate issued by the railroad maintenance
State Rail Authority to effectuate the intents and purposes of this
article.(3) "Railroad" means a common carrier by railroad as defined
in section 1(3) of Part I of the Interstate Commerce Act (49 U. S.
C. (1) 3).(4) "Owner" means and includes all individuals,
copartnerships, associations, corporations, companies,
transportation companies, public service corporations, the United
States or any agency or instrumentality thereof, common carriers by
rail and railroad companies having any title or interest in any
rail properties authorized to be acquired, leased or used by this
article.(5) "Income" means and includes all money accruing to the
authority from any source.(6) "Person" means individuals, corporations, partnerships or
foreign and domestic associations, including railroads.(3) "Commuter rail" means a transit mode that is an electric
or diesel propelled railway for urban passenger train service consisting of local short distance travel operating between a
central city and adjacent suburbs. Service must be operated on a
regular basis by or under contract with a transit operator for the
purpose of transporting passengers within urbanized areas or
between urbanized areas and outlying areas. The rail service,
using either locomotive hauled or self-propelled railroad passenger
cars, is generally characterized by multitrip tickets, specific
station to station fares or railroad employment practices and
usually has only one or two stations in the central business
district. It does not include heavy rail rapid transit or light
rail/streetcar transit service. Intercity rail service is excluded
except for that portion of service operated by or under contract
with a public transit agency for predominantly commuter services.
Only the predominantly commuter service portion of an intercity
route is eligible for inclusion when determining commuter rail
route miles.
_____(4) "Heavy rail" means a transit mode that is an electric
railway with the capacity for a heavy volume of traffic. It is
characterized by high speed and rapid acceleration passenger rail
cars operating singly or in multicar trains on fixed rails,
separate rights-of-way from which all other vehicular and foot
traffic are excluded, sophisticated signaling and high platform
loading.
_____(5) "Income" means and includes all money accruing to the
authority from any source.
_____(6) "Light rail" means a transit mode that typically is an electric railway with a light volume traffic capacity compared to
heavy rail. It is characterized by passenger rail cars operating
singly or in short, usually two-car, trains, on fixed rails in
shared or exclusive rights-of-way, low or high platform loading and
vehicle power drawn from an overhead electric line via a trolley or
a pantograph.
_____(7) "Owner" means and includes all individuals,
copartnerships, associations, corporations, companies,
transportation companies, public service corporations, the United
States or any agency or instrumentality thereof, common carriers by
rail and railroad companies having any title or interest in any
rail properties authorized to be acquired, leased or used by this
article.
_____(8) "Person" means individuals, corporations, partnerships or
foreign and domestic associations, including railroads.
_____(9) "Predominantly commuter services" means that for any given
trip segment (i.e., distance between two stations), more than fifty
percent of the average daily ridership travels on the train at
least three times a week.
_____(7)(10) "Rail properties" means assets or rights owned,
leased, or otherwise controlled by a railroad or other person which
are used, or useful, in rail transportation service: Provided,
That rail properties does not include any properties owned, leased,
or otherwise controlled by a railroad not in reorganization, unless
it consents to such properties' inclusion in the particular
transaction.(8)(11) "Rail service" means both freight and passenger
service.(12) "Railroad" means a common carrier by railroad as defined
in Section 1(3) of Part I of the Interstate Commerce Act (49 U. S.
C. (1) 3).
_____(9)(13) "Railroad project" means the initiation, acquisition,
construction, maintenance, repair, equipping or operation of rail
properties or rail service, or the provisions of loans or grants to
or with government agencies, or to persons for such purposes, by
the authority.§29-18-6. Powers, duties and responsibilities of authority
generally.
The West Virginia State Rail Authority is hereby granted, has
and may exercise all powers necessary or appropriate to carry out
and effectuate its corporate purpose.
(a) The authority may:
(1) Adopt and, from time to time, amend and repeal bylaws
necessary and proper for the regulation of its affairs and the
conduct of its business and propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code to implement and make effective its
powers and duties.
(2) Adopt an official seal.
(3) Maintain a principal office and, if necessary, regional
suboffices at locations properly designated or provided.
(4) Sue and be sued in its own name and plead and be impleaded in its own name and particularly to enforce the obligations and
covenants made under sections ten, eleven and sixteen of this
article. Any actions against the authority shall be brought in the
circuit court of Kanawha County. The location of the principal
office of the authority shall be determined by the Governor.
(5) Make loans and grants to governmental agencies and persons
for carrying out railroad projects by any governmental agency or
person and, in accordance with chapter twenty-nine-a of this code,
propose rules for legislative approval and procedures for making
such loans and grants.
(6) Acquire, construct, reconstruct, enlarge, improve,
furnish, equip, maintain, repair, operate, lease or rent to or
contract for operation by a governmental agency or person, railroad
projects and, in accordance with chapter twenty-nine-a of this
code, propose legislative rules for the use of these projects.
(7) Make available the use or services of any railroad project
to one or more persons, one or more governmental agencies or any
combination thereof.
(8) Issue Railroad MaintenanceState Rail Authority bonds and
notes and refunding bonds of the state, payable solely from
revenues as provided in section ten of this article unless the
bonds are refunded by refunding bonds for the purpose of paying any
part of the cost of one or more railroad projects or parts thereof.
(9) Acquire, by gift or purchase, hold and dispose of real and
personal property in the exercise of its powers and the performance
of its duties as set forth in this article.
(10) Acquire in the name of the state, by purchase or
otherwise, on terms and in the manner it considers proper, or by
the exercise of the right of eminent domain in the manner provided
in chapter fifty-four of this code, rail properties and appurtenant
rights and interests necessary for carrying out railroad projects.
(11) (A) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the performance
of its duties and the execution of its powers including, but not
limited to, the power to make contracts and agreements in
accordance with the provisions set forth in paragraph (B) of this
subdivision.
(B) Make and enter into contracts and agreements to acquire
rolling stock or equipment with a value of $500,000 or less exempt
from the provisions of article three, chapter five-a of this code.
The authority shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code which set forth the methods for
determining value of rolling stock or equipment to be purchased in
accordance with the provisions of paragraph (B) of this
subdivision.
(C) Where rolling stock, equipment or trackage of the
authority is in need of immediate maintenance, repair or
reconstruction in order to avoid a cessation of its operations,
economic loss, the inability to provide essential service to
customers or danger to authority personnel or the public, the
following requirements and procedures for entering into the contract or agreement to remedy the condition shall be in lieu of
those provided in article three, chapter five-a of this code or any
legislative rule promulgated pursuant thereto:
(i) If the cost under the contract or agreement involves an
expenditure of more than $1,000, but $10,000 or less, the authority
shall award the contract to or enter into the agreement with the
lowest responsible bidder based upon at least three oral bids made
pursuant to the requirements of the contract or agreement.
(ii) If the cost under the contract or agreement, other than
one for compensation for personal services, involves an expenditure
of more than $10,000, but $100,000 or less, the authority shall
award the contract to or enter into the agreement with the lowest
responsible bidder based upon at least three bids, submitted to the
authority in writing on letterhead stationery, made pursuant to the
requirements of the contract or agreement.
(D) Notwithstanding any other provision of this code to the
contrary, a contract or lease for the operation of a railroad
project constructed and owned by the authority or an agreement for
cooperation in the acquisition or construction of a railroad
project pursuant to section sixteen of this article is not subject
to the provisions of article three, chapter five-a of this code or
any legislative rule promulgated pursuant thereto and the authority
may enter into the contract or lease or the agreement pursuant to
negotiation and upon such terms and conditions and for a period of
time as it finds to be reasonable and proper under the
circumstances and in the best interests of proper operation or of efficient acquisition or construction of the railroad project.
(E) The authority may reject any and all bids. A bond with
good and sufficient surety, approved by the authority, is required
of all contractors in an amount equal to at least fifty percent of
the contract price, conditioned upon the faithful performance of
the contract.
(12) Appoint a director and employ managers, superintendents
and other employees and retain or contract with consulting
engineers, financial consultants, accountants, attorneys and other
consultants and independent contractors as are necessary in its
judgment to carry out the provisions of this article and fix the
compensation or fees thereof. All expenses thereof are payable
from the proceeds of Railroad MaintenanceState Rail Authority
revenue bonds or notes issued by the authority, from revenues and
funds appropriated for this purpose by the Legislature or from
grants from the federal government which may be used for such
purpose.
(13) Receive and accept from any state or federal agency
grants for or in aid of the construction of any railroad project or
for research and development with respect to railroads and receive
and accept aid or contributions from any source of money, property,
labor or other things of value, to be held, used and applied only
for the purposes for which the grants and contributions are made.
(14) Engage in research and development with respect to
railroads.
(15) Purchase fire and extended coverage and liability insurance for any railroad project and for the principal office and
suboffices of the authority, insurance protecting the authority and
its officers and employees against liability, if any, for damage to
property or injury to or death of persons arising from its
operations and be a member of, and to participate in, the state
workers' compensation program.
(16) Charge, alter and collect rates, rentals and other
charges for the use or services of any railroad project as provided
in this article.
(17) Do all acts necessary and proper to carry out the powers
expressly granted to the authority in this article.
(b) In addition, the authority has the power to:
(1) Acquire rail properties both within and not within the
jurisdiction of the Interstate Commerce Commission and rail
properties within the purview of the federal Regional Rail
Reorganization Act of 1973, any amendments to it and any other
relevant federal legislation.
(2) Enter into agreements with owners of rail properties for
the acquisition of rail properties or use, or both, of rail
properties upon the terms, conditions, rates or rentals that can
best effectuate the purposes of this article.
(3) Acquire rail properties and other property of a railroad
in concert with another state or states as is necessary to ensure
continued rail service in this state.
(4) Administer and coordinate the state plan.
(5) Provide in the state plan for the equitable distribution of federal rail service continuation subsidies among state, local
and regional transportation authorities.
(6) Promote, supervise and support safe, adequate and
efficient rail services.
(7) Employ sufficiently trained and qualified personnel for
these purposes.
(8) Maintain adequate programs of investigation, research,
promotion and development in connection with the purposes and to
provide for public participation therein.
(9) Provide satisfactory assurances on behalf of the state
that fiscal control and fund accounting procedures will be adopted
by the state necessary to assure proper disbursement of and
accounting for federal funds paid to the state as rail service
continuation subsidies.
(10) Comply with the regulations of the Secretary of
Transportation of the United States Department of Transportation
affecting federal rail service continuation programs.
(11) Do all things otherwise necessary to maximize federal
assistance to the state under Title IV of the federal Regional Rail
Reorganization Act of 1973 and to qualify for rail service
continuation subsidies pursuant to the federal Regional Rail
Reorganization Act of 1973.
(c) Additional authority in regard to the Maryland Area
Regional Commuter.
(1) The Rail Authority is hereby granted, has and may exercise
all aforementioned powers necessary or appropriate to coordinate all activities with the Maryland Transit Administration to assure
the continued operation of the Maryland Area Regional Commuter into
the eastern panhandle of the state.(2) In addition to the authority provided in subdivision (1)
of this subsection, the Rail Authority shall negotiate agreements
with the State of Maryland or the Maryland Transit Administration
for the continued operation of the commuter rail operation between
Maryland and the Washington, D. C., metropolitan area and West
Virginia. A commuter rail operation agreement shall provide for
quantity and quality of commuter rail service, including certain
minimum daily service at least equivalent to the level service on
the effective date of the amendments to this subsection enacted in
the Regular Session of the Legislature 2013, unless daily ridership
diminishes significantly from said date. The agreement may provide
for the payment of track access fees attributed to commuter rail
operation within the boundaries of the state. Any payments of
track access fees pursuant to the agreement shall be paid from the
special fund created in section twenty-four of this article as
provided by appropriation of the Legislature.§29-18-24. Creation of the West Virginia Commuter Rail Access Fund.
There is hereby established a special fund in the State
Treasury known as the West Virginia Commuter Rail Access Fund. The
fund shall be administered by the Director and shall consist of
appropriations by the Legislature. Subject to Legislative
appropriation, the Director shall administer the fund to pay track
access fees pursuant to the agreement required by section six of this article. Balances in the fund at the end of any fiscal year
shall not expire, but shall be expended for those purposes in
ensuing fiscal years.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 103--A Bill to amend and
reenact §29-18-3 and §29-18-6 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §29-18-24, all relating to commuter rail access in West
Virginia; providing authority for the State Rail Authority to
negotiate an agreement with the State of Maryland for operation of
commuter rail in West Virginia; providing terms of minimum daily
service requirements in the agreement; providing for the payment of
track access fees pursuant to the agreement; and creating a special
fund to pay track access fees.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 103, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 103) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 146, Collecting unpaid
magistrate court charges through income tax refund withholding.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 3. COSTS, FINES AND RECORDS.§50-3-2c. Withholding from personal income tax refunds for unpaid
fines and costs in magistrate criminal actions, in
magistrate criminal appeals to circuit court and for
failure to appear in court.
(a) If costs, fines, fees, forfeitures, restitution or penalties imposed by the magistrate court upon conviction of a
person for a criminal offense as defined by this code, imposed by
the circuit court upon judgment on an appeal to circuit court of
that conviction, or imposed by either court for failure to appear
are not paid in full within one year of the judgment, the
magistrate court clerk or, upon a judgment rendered on appeal, the
circuit clerk shall notify the Tax Commissioner that the defendant
has failed to pay the costs, fines, forfeitures or penalties
assessed by the court. The notice provided by the magistrate clerk
or the circuit clerk to the Tax Commissioner must include the
defendant's Social Security number. The Tax Commissioner, or his
or her designee, shall withhold from any personal income tax refund
due and owing to a defendant the costs, fines, fees, forfeitures,
restitution or penalties due, the Tax Commissioner's administration
fee for the withholding and any and all fees or other amounts that
the magistrate court and the circuit court would have collected had
the defendant appeared: Provided, That no withholding shall be
made under this section if there is an unsatisfied withholding
request made pursuant to section two-b, article ten, chapter eight
of this code. The Tax Commissioner's administration fee shall not
exceed $25, unless this maximum amount is increased by legislative
rule promulgated in accordance with article three, chapter twenty-
nine-a of this code. The administrative fees deducted shall be
deposited in the special revolving fund hereby created in the State
Treasury, which shall be designated as the Magistrate Fines and
Fees Collection Fund, and the Tax Commissioner shall make such expenditures from the fund as he or she deems appropriate for the
administration of this subsection.
(b) (1) After deduction of the Tax Commissioner's
administration fee, the Tax Commissioner shall remit all remaining
amounts withheld pursuant to this section to the clerk of the court
that notified the Tax Commissioner of the failure to pay under
subsection (a) of this section.
(2) From the amounts received from the Tax Commissioner, the
circuit clerk shall distribute the portion thereof that is
attributable to costs, fines, fees, forfeitures, restitution or
penalties owed to magistrate court to the magistrate clerk and
distribute the remainder that is attributable to costs, fines,
fees, forfeitures, restitution or penalties owed to circuit court
to the appropriate fund or payee, as applicable and listed in
section twenty-eight-a, article one, chapter fifty-nine of this
code and as otherwise required by law.
(3) From the amounts received from the Tax Commissioner, or
from the circuit clerk under subdivision (2) of this subsection,
the magistrate clerk shall distribute applicable costs, fines,
fees, forfeitures, restitution or penalties owed to the appropriate
fund or payee, as applicable and listed in subsection (g), section
two-a of this article and as otherwise required by law.
(4) After the costs, fines, fees, forfeitures, restitution or
penalties are withheld, the Tax Commissioner shall refund any
remaining balance due the defendant.
(5) If the refund is not sufficient to cover all the costs, fines, fees, forfeitures, restitution or penalties to be withheld
pursuant to this section, the Tax Commissioner's administration fee
shall be retained by the Tax Commissioner and the remaining money
withheld shall be remitted by the Tax Commissioner to the
appropriate clerk. The clerk shall then allocate the money so
remitted on a pro rata basis as provided in the applicable
provisions of subdivision (2) or (3) of this subsection.
(c) In the event the costs, fines, fees, forfeitures,
restitution or penalties exceed the defendant's income tax refund,
the Tax Commissioner shall withhold the remaining balance in
subsequent years until such time as the costs, fines, fees,
forfeitures, restitution or penalties owed are paid in full. The
Tax Commissioner shall remit the moneys that he or she collects to
the appropriate clerk no later than July 1 of each year. If the
circuit court or the magistrate court subsequently determines that
any costs, fines, fees, forfeitures, restitution or penalties were
erroneously imposed, the clerk of the court shall promptly notify
the Tax Commissioner. If the amounts due are paid in full to the
court from a source other than the Tax Commissioner after the clerk
of the court has provided notice of the failure to pay to the tax
commissioner, the clerk of the court shall promptly notify the Tax
Commissioner of the payment. If the refunds have not been withheld
and remitted, the Tax Commissioner may not withhold and remit
payment to the appropriate court and shall so inform the clerk of
the court. If the refunds have already been withheld and remitted
to the court, the Tax Commissioner shall so inform the clerk of the court. In either event, all refunds for erroneously imposed costs,
fines, forfeitures or penalties shall be made by the appropriate
court and not by the Tax Commissioner.
(d) Rules. -- The Tax Commissioner may propose for legislative
approval such rules as may be useful or necessary to carry out the
purpose of this section and to implement the intent of the
Legislature. Rules shall be promulgated in accordance with article
three, chapter twenty-nine-a of this code.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 146--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §50-3-2c, relating to requiring the Tax
Commissioner to withhold unpaid costs, fines, fees, forfeitures,
restitution, penalties and other fees imposed on a defendant in a
criminal action in magistrate court, or imposed in circuit court in
a criminal action on appeal from magistrate court, from the income
tax refund of the defendant upon notification from the clerk of the
appropriate court; requiring clerk to give notification to Tax
Commissioner if amounts are unpaid within one year of judgment;
providing a process for deducting, distributing and allocating
those unpaid amounts; creating the Magistrate Fines and Fees
Collection Fund; permitting the Tax Commissioner to charge an
administrative fee; and providing rule-making authority.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 146, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 146) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, ofEng. Com. Sub. for Com. Sub. for Senate Bill No. 185, Relating
to alternative-fuel motor vehicles and qualified refueling
infrastructure tax credits.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect July 1,
2013, of Eng. Senate Bill No. 190, Relating to public-private
transportation projects funding.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as toEng. Com. Sub. for Senate Bill No. 335, Permitting certain
hospitals exemption from certificate of need.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On pages ten and eleven, section four, lines one hundred
sixty-nine through one hundred seventy-five, by striking out all of
subdivision (1) and inserting in lieu thereof a new subdivision,
designated subdivision (1), to read as follows:
(1) (A) The ambulatory health care facility is located in the
same county as the hospital; or
(B) The ambulatory health care facility is located in the same
zip code as the hospital, and the hospital is located in a zip code
that crosses a county line, the hospital is the only hospital in
the county, the hospital is located less than one-half mile from
the county line in which it is located and the hospital is located
less than one mile from a state bordering West Virginia;.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 335, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 335) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 335) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng.Com. Sub. for Com. Sub. for Senate Bill No. 336, Relating
to interscholastic athletics concussions and head injuries.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18-2-25a, to read as
follows:ARTICLE 2. STATE BOARD OF EDUCATION.§18-2-25a. Management of concussions and head injuries in
athletics at West Virginia Secondary School
Activities Commission member high school or middle
school.
(a) The Legislature makes the following findings:
(1) Concussions are one of the most commonly reported injuries
in children and adolescents who participate in sports and
recreational activities. The Centers for Disease Control and
Prevention estimates that as many as 3.9 million sports-related and recreation-related concussions occur in the United States each
year;
(2) A concussion is caused by a blow or motion to the head or
body that causes the brain to move rapidly inside the skull. The
risk of catastrophic injuries or death is significant when a
concussion or head injury is not properly evaluated and managed;
(3) Concussions are a type of brain injury that can range from
mild to severe and can disrupt the way the brain normally
functions;
(4) Concussions can occur in any organized or unorganized
sport or recreational activity and can result from a fall or from
players colliding with each other or with obstacles;
(5) Concussions occur with or without loss of consciousness,
but the vast majority occur without loss of consciousness;
(6) The interscholastic athlete who continues to play or
practice with a concussion or symptoms of head injury is especially
vulnerable to greater injury and even death; and
(7) Even with generally recognized return-to-play-and-practice
standards for concussion and head injury, some affected
interscholastic athletes are prematurely returned to play or
practice resulting in increased risk of physical injury or death to
the athletes in the State of West Virginia.
(b) For the purposes of this section, "interscholastic
athlete" means any athlete who is participating in interscholastic
athletics at a high school or middle school that is a member of the
West Virginia Secondary School Activities Commission. "Licensed health care professional" means a health care provider whose
licensed scope of practice includes the ability to diagnose and
treat an injury or disease.
(c) The West Virginia Secondary School Activities Commission
shall promulgate rules pursuant to section twenty-five of this
article that address concussions and head injuries in
interscholastic athletes: Provided, That prior to state board
approval and notwithstanding the exemption provided in section
three, article one, chapter twenty-nine-a of this code, the state
board shall submit the rule to the Legislative Oversight Commission
on Education Accountability pursuant to section nine, article
three-b, chapter twenty-nine-a of this code.
(d) The rules required by this section shall include, but are
not limited to, the following:
(1) Guidelines and other pertinent information to inform and
educate appropriate school administrators, coaches, interscholastic
athletes and their parents or guardians of the nature and risk of
concussion and head injury, including the risks of continuing to
play or practice after a concussion or head injury;
(2) A concussion and head injury information sheet that shall
be signed and returned by the interscholastic athlete and the
athlete's parent or guardian on an annual basis before the
interscholastic athlete begins practice or competition;
(3) A requirement that each head coach of an interscholastic
sport at a high school or middle school who is a member of the West
Virginia Secondary School Activities Commission complete a commission-approved concussion and head injury recognition and
return-to-play protocol course annually;
(4) A requirement that an interscholastic athlete who is
suspected by a licensed health care professional or by his or her
head coach or athletic trainer of having sustained a concussion or
head injury in a practice or game shall be removed from competition
at that time;
(5) A requirement that an interscholastic athlete who has been
removed from play or practice may not return to play or practice
until the athlete is evaluated by a licensed health care
professional trained in the evaluation and management of
concussions and receives written clearance to return to play and
practice from the licensed health care professional;
(6) A list of the respective categories of licensed health
care professionals who, if properly trained in the evaluation and
management of concussions, are authorized to provide written
clearance for the interscholastic athlete to return to play; and
(7) A requirement that all member schools must submit a report
to the West Virginia Secondary School Activities Commission within
thirty days of an interscholastic athlete suffering or being
suspected of suffering a concussion or head injury in a practice or
game. The report must state whether an evaluation by a licensed
health care professional verified that a concussion or head injury
was actually suffered, whether the athlete received written
clearance to return to play or practice and, if written clearance
was given, the number of days between the incident and the actual return to play or practice. If written clearance to return to play
is given after thirty days of the incident, a report update shall
be submitted. The West Virginia Secondary School Activities
Commission shall compile and submit the reports to the appropriate
state and national organization or agencies to analyze and make
determinations on whether the rule required by this section needs
to be amended or if equipment worn by interscholastic athlete needs
to be changed accordingly.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Com. Sub. for Senate Bill No. 336--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding
thereto a new section, designated §18-2-25a, relating to
establishing protocols and protections to limit and treat injury to
youth athletes and students; making legislative findings with
respect to concussions and athletic endeavors; defining certain
terms; requiring certain rules; and setting forth certain minimum
provisions of rules.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 336, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 336) passed with its House of
Delegates amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2013, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Senate Bill No. 394, Relating to scholarships for
dependent children of state troopers who die in performance of
duty.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §5-10-27 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §7-14D-20 of said code be amended
and reenacted; that §8-22A-22 of said code be amended and
reenacted; that §15-2-33 of said code be amended and reenacted; and
that §15-2A-12 of said code be amended and reenacted, all to read
as follows:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-27. Preretirement death annuities.
(a) (1) Except as otherwise provided in this section, in the
event any member who has ten or more years of credited service or
any former member with ten or more years of credited service and
who is entitled to a deferred annuity, pursuant to section twenty-
one of this article, may at any time prior to the effective date of
his or her retirement, by written declaration duly executed and
filed with the board of trustees, in the same manner as if he or
she were then retiring from the employ of a participating public
employer, elect option A provided in section twenty-four of this
article and nominate a beneficiary whom the board finds to have had
an insurable interest in the life of the member. Prior to the
effective date of his or her retirement, a member may revoke his or
her election of option A and nomination of beneficiary and he or
she may again prior to his or her retirement elect option A and
nominate a beneficiary as provided in this subsection. Upon the death of a member who has an option A election in force, his or her
beneficiary, if living, shall immediately receive an annuity
computed in the same manner in all respects as if the same member
had retired the day preceding the date of his or her death,
notwithstanding that he or she might not have attained age sixty
years, and elected the said option A. If at the time of his or her
retirement a member has an option A election in force, his or her
election of option A and nomination of beneficiary shall thereafter
continue in force. As an alternative to annuity option A, a member
or former member may elect to have the preretirement death benefit
paid as a return of accumulated contributions in a lump sum amount
to any beneficiary or beneficiaries he or she chooses.
(2) In the event any member or former member, who first became
a member of the Public Employees Retirement System after the
effective date of amendments made to this section during the 2006
regular legislative session and who has ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: Dies without
leaving a surviving spouse; but leaves surviving him or her a child
who is financially dependent on the member by virtue of a permanent
mental or physical disability upon evidence satisfactory to the
board; and has named the disabled child as sole beneficiary, the
disabled child shall immediately receive an annuity computed in the
same manner in all respects as if the member had: (A) Retired the
day preceding the date of his or her death, notwithstanding that he
or she might not have attained age sixty or sixty-two years, as the case may be; (B) elected option A provided in section twenty-four
of this article; and (C) nominated his or her disabled child as
beneficiary. A member or former member with ten or more years of
credited service, who does not leave surviving him or her a spouse
or a disabled child, may elect to have the preretirement death
benefit paid as a return of accumulated contributions in a lump sum
amount to any beneficiary or beneficiaries he or she chooses.
(b) (1) In the event any member who has ten or more years of
credited service, or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: Dies; and leaves
a surviving spouse, the surviving spouse shall immediately receive
an annuity computed in the same manner in all respects as if the
member had: (A) Retired the day preceding the date of his or her
death, notwithstanding that he or she might not have attained age
sixty or sixty-two years, as the case may be; (B) elected option A
provided in section twenty-four of this article; and (C) nominated
his or her surviving spouse as beneficiary. However, the surviving
spouse shall have the right to waive the annuity provided in this
section: Provided, That he or she executes a valid and notarized
waiver on a form provided by the board and that the member or
former member attests to the waiver. If the waiver is presented to
and accepted by the board, the member or former member, may
nominate a beneficiary who has an insurable interest in the
member's or former member's life. As an alternative to annuity
option A, the member or former member may elect to have the preretirement death benefit paid as a return of accumulated
contributions in a lump sum amount to any beneficiary or
beneficiaries he or she chooses in the event a waiver, as provided
in this section, has been presented to and accepted by the board.
(2) Whenever any member or former member who first became a
member of the retirement system after the effective date of the
amendments to this section made during the 2006 regular legislative
session and who has ten or more years of credited service and who
is entitled to a deferred annuity, pursuant to section twenty-one
of this article: Dies; and leaves a surviving spouse, the
surviving spouse shall immediately receive an annuity computed in
the same manner in all respects as if the member had: (A) Retired
the day preceding the date of his or her death, notwithstanding
that he or she might not have attained age sixty or sixty-two
years, as the case may be; (B) elected option A provided in section
twenty-four of this article; and (C) nominated his or her surviving
spouse as beneficiary. However, the surviving spouse shall have
the right to waive the annuity provided in this section: Provided,
That he or she executes a valid and notarized waiver on a form
provided by the board and that the member or former member attests
to the waiver. If the waiver is presented to and accepted by the
board, the member or former member may: (1) Elect to have the
preretirement death benefit paid in a lump sum amount, rather than
annuity option A provided in section twenty-four of this article,
as a return of accumulated contributions to any beneficiary or
beneficiaries he or she chooses; or (2) may name his or her surviving child, who is financially dependent on the member by
virtue of a permanent mental or physical disability, as his or her
sole beneficiary to receive an annuity computed in the same manner
in all respects as if the member had: (A) Retired the day
preceding the date of his or her death, notwithstanding that he or
she might not have attained the age of sixty or sixty-two as the
case may be; (B) elected option A provided in section twenty-four
of this article; and (C) nominated his or her disabled child as
beneficiary.
(c) In the event any member who has ten or more years of
credited service or any former member with ten or more years of
credited service and who is entitled to a deferred annuity,
pursuant to section twenty-one of this article: (1) Dies without
leaving surviving him or her a spouse; but (2) leaves surviving him
or her an infant child or children; and (3) does not have a
beneficiary nominated as provided in subsection (a) of this
section, the infant child or children are entitled to an annuity to
be calculated as follows: The annuity reserve shall be calculated
as though the member had retired as of the date of his or her
decease and elected a straight life annuity and the amount of the
annuity reserve shall be paid in equal monthly installments to the
member's infant child or children until the child or children
attain age twenty-one or sooner marry or become emancipated;
however, in no event shall any child or children receive more than
$250 per month each. The annuity payments shall be computed as of
the date of the death of the member and the amount of the annuity shall remain constant during the period of payment. The annual
amount of the annuities payable by this section shall not exceed
sixty percent of the deceased member's final average salary.
(d) In the event any member or former member does not have ten
or more years of credited service, no preretirement death annuity
may be authorized, owed or awarded under this section, except as
provided in subdivision (4), subsection (a), section fifteen of
this article as amended during the 2005 regular session of the
Legislature.(e) Any person qualified as a surviving dependent child under
this section, who is the surviving dependent child of a law-
enforcement officer who loses his or her life in the performance of
duty, in addition to any other benefits due under this or other
sections of this article, is entitled to receive a scholarship to
be applied to the career development education of that person. This
sum, up to but not exceeding $7,500 per year, shall be paid from
the fund to any higher education institution in this state, career-
technical education provider in this state or other entity in this
state approved by the board, to offset the expenses of tuition,
room and board, books, fees or other costs incurred in a course of
study at any of those institutions so long as the recipient makes
application to the board on an approved form and under rules as
provided by the board and maintains scholastic eligibility as
defined by the institution or the board. The board may by
appropriate rules define age requirements, physical and mental
requirements, scholastic eligibility, disbursement methods, institutional qualifications and other requirements as necessary
and not inconsistent with this section.

CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.

ARTICLE 14D. DEPUTY SHERIFF RETIREMENT SYSTEM ACT.§7-14D-20. Additional death benefits and scholarships -- Dependent
children.
(a) In addition to the spouse death benefits in sections
eighteen and nineteen of this article, the surviving spouse is
entitled to receive and there shall be paid to the spouse $100
monthly for each dependent child.
(b) If the surviving spouse dies or if there is no surviving
spouse, the fund shall pay monthly to each dependent child a sum
equal to one fourth of the surviving spouse's entitlement under
either section nineteen or twenty of this article. If there is
neither a surviving spouse nor a dependent child, the fund shall
pay in equal monthly installments to the dependent parents of the
deceased member during their joint lifetimes a sum equal to the
amount which a surviving spouse, without children, would have
received: Provided, That when there is only one dependent parent
surviving, that parent is entitled to receive during his or her
lifetime one-half the amount which both parents, if living, would
have been entitled to receive: Provided, however, That if there is
no surviving spouse, dependent child, nor dependent parent of the
deceased member the accumulated contributions shall be paid to a
named beneficiary or beneficiaries: Provided further, That if
there is no surviving spouse, dependent child, nor dependent parent of the deceased member, nor any named beneficiary or beneficiaries
then the accumulated contributions shall be paid to the estate of
the deceased member.
(c) Any person qualifying as a dependent child under this
section, in addition to any other benefits due under this or other
sections of this article, is entitled to receive a scholarship to
be applied to the career development education of that person.
This sum, up to but not exceeding $6,000$7,500 per year, shall be
paid from the fund to any university or college in this state or to
any trade or vocational schoolhigher education institution in this
state, career-technical education provider in this state or other
entity in this state approved by the board, to offset the expenses
of tuition, room and board, books, fees or other costs incurred in
a course of study at any of these institutions so long as the
recipient makes application to the board on an approved form and
under such rules as the board may provide, and maintains scholastic
eligibility as defined by the institution or the board. The board
may propose legislative rules for promulgation in accordance with
article three, chapter twenty-nine-a of this code which define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.

CHAPTER 8. MUNICIPAL CORPORATIONS.

ARTICLE 22A. WEST VIRGINIA MUNICIPAL POLICE OFFICERS AND
FIREFIGHTERS RETIREMENT SYSTEM.
§8-22A-22. Additional death benefits and scholarships -- Dependent
children.
(a) Except as provided in subsection (a), section nine of this
article, in addition to the spouse death benefits in this article,
the surviving spouse is entitled to receive and there shall be paid
to the spouse $100 monthly for each dependent child.
(b) If the surviving spouse dies or if there is no surviving
spouse, the fund shall pay monthly to each dependent child a sum
equal to one hundred percent of the spouse's entitlement under this
article divided by the number of dependent children. If there is
neither a surviving spouse nor a dependent child, the fund shall
pay in equal monthly installments to the dependent parents of the
deceased member during their joint lifetimes a sum equal to the
amount which a surviving spouse, without children, would have
received: Provided, That when there is only one dependent parent
surviving, that parent is entitled to receive during his or her
lifetime one-half the amount which both parents, if living, would
have been entitled to receive: Provided, however, That if there is
no surviving spouse, dependent child or dependent parent of the
deceased member, the accumulated contributions shall be paid to a
named beneficiary or beneficiaries: Provided further, That if
there is no surviving spouse, dependent child or dependent parent
of the deceased member, or any named beneficiary or beneficiaries,
then the accumulated contributions shall be paid to the estate of
the deceased member.
(c) Any person qualifying as a dependent child under this section, in addition to any other benefits due under this or other
sections of this article, is entitled to receive a scholarship to
be applied to the career development education of that person.
This sum, up to but not exceeding $6,000$7,500 per year, shall be
paid from the fund to any university or college in this state or to
any trade or vocational schoolhigher education institution in this
state, career-technical education provider in this state or other
entity in this state approved by the board, to offset the expenses
of tuition, room and board, books, fees or other costs incurred in
a course of study at any of these institutions so long as the
recipient makes application to the board on an approved form and
under rules provided by the board and maintains scholastic
eligibility as defined by the institution or the board. The board
may propose legislative rules for promulgation in accordance with
article three, chapter twenty-nine-a of this code which define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.

CHAPTER 15. PUBLIC SAFETY.

ARTICLE 2. WEST VIRGINIA STATE POLICE.§15-2-33. Awards and benefits to dependents of member when the
member dies in performance of duty; to dependents of
a duty disability retirant; dependent child
scholarship and amount.
(a) The surviving spouse or the dependent child or children or dependent parent or parents of any member who has lost or loses his
or her life by reason of injury, illness or disease resulting from
an occupational risk or hazard inherent in or peculiar to the
service required of employees while the member was or is engaged in
the performance of his or her duties as an employee of the agency,
or if a retirant dies from any cause after having been retired
pursuant to the provisions of section twenty-nine of this article,
the surviving spouse or other dependent is entitled to receive and
shall be paid from the fund benefits as follows: To the surviving
spouse annually, in equal monthly installments during his or her
lifetime the greater of one or the other of two amounts:
(1) An amount equal to five and one-half percent of the total
salary which was or would have been earned by the deceased member
or duty disability retirant during twenty-five years of service
based on the average earnings of the member or duty disability
retirant while employed by the agency; or
(2) The sum of $6,000.
(b) In addition, the surviving spouse is entitled to receive
and shall be paid $100 monthly for each dependent child or
children. If the surviving spouse dies or if there is no surviving
spouse, there shall be paid monthly to each dependent child or
children from the fund a sum equal to twenty-five percent of the
surviving spouse's entitlement. If there is no surviving spouse
and no dependent child or children, there shall be paid annually in
equal monthly installments from the fund to the dependent parents
of the deceased member or retirant during their joint lifetimes a sum equal to the amount which a surviving spouse, without children,
would have received: Provided, That when there is one dependent
parent surviving, that parent is entitled to receive during his or
her lifetime one half the amount which both parents, if living,
would have been entitled to receive.
(c) Any person qualified as a surviving dependent child under
this section, in addition to any other benefits due under this or
other sections of this article, is entitled to receive a
scholarship to be applied to the career development education of
that person. This sum, up to but not exceeding $7,500 per year,
shall be paid from the fund to any university or college in this
state or to any trade or vocational schoolhigher education
institution in this state, career-technical education provider in
this state or other entity in this state approved by the board, to
offset the expenses of tuition, room and board, books, fees or
other costs incurred in a course of study at any of those
institutions so long as the recipient makes application to the
board on an approved form and under rules as provided by the board
and maintains scholastic eligibility as defined by the institution
or the board. The board may by appropriate rules define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.
(d) A surviving spouse or dependent of an employee meeting the
requirements of this section is entitled to receive beneficiary payments on the first day following the date the deceased employee
is removed from payroll by the agency. A surviving spouse or
dependent of a member who is not currently an employee meeting the
requirements of this section is entitled to receive beneficiary
payments on the first day following the date of the deceased
member's death. A surviving spouse or dependent of a retirant
meeting the requirements of this section is entitled to receive
beneficiary payments on the first day of the month following the
date of the deceased retirant's death. Upon receipt of properly
executed forms from the agency and the surviving spouse or
dependent, the board shall process the surviving spouse or
dependent benefit as soon as administratively feasible.
(e) For the purposes of this section, the term "salary" does
not include any compensation paid for overtime service.ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-12. Awards and benefits to dependents of employees or
retirants - When employee dies in performance of
duty, etc.; dependent child scholarship and amount.
The surviving spouse, the dependent child or children or
dependent parent or parents of any employee who has lost or shall
lose his or her life by reason of injury, illness or disease
resulting from an occupational risk or hazard inherent in or
peculiar to the service required of employees while the employee
was engaged in the performance of his or her duties as an employee
of the agency, or the survivor of a retirant who dies from any
cause after having been retired pursuant to the provisions of section nine of this article, is entitled to receive and shall be
paid from the fund benefits as follows: To the surviving spouse
annually, in equal monthly installments during his or her lifetime,
one or the other of two amounts, which shall become payable the
first day of the month following the employee's or retirant's death
and which shall be the greater of:
(1) An amount equal to nine-tenths of the base salary received
in the preceding full twelve-month employment period by the
deceased employee: Provided, That if the employee had not been
employed with the agency for twelve full months prior to his or her
death, the amount of monthly salary shall be annualized for the
purpose of determining the benefit; or
(2) The sum of $10,000.
In addition, the surviving spouse is entitled to receive and
shall be paid $150 monthly for each dependent child. If the
surviving spouse dies or if there is no surviving spouse, there
shall be paid monthly to each dependent child or children from the
fund a sum equal to one third of the surviving spouse's
entitlement. If there is no surviving spouse and no dependent
child or children, there shall be paid annually in equal monthly
installments from the fund to the dependent parents of the deceased
member during their joint lifetimes a sum equal to the amount which
a surviving spouse, without children, would have received:
Provided, That when there is one dependent parent surviving, that
parent is entitled to receive during his or her lifetime one half
the amount which both parents, if living, would have been entitled to receive: Provided, however, That if there is no surviving
spouse, dependent child or dependent parent of the deceased member,
the accumulated contributions shall be paid to a named beneficiary
or beneficiaries: Provided further, That if there is no surviving
spouse, dependent child, dependent parent of the deceased member or
any named beneficiary or beneficiaries, then the accumulated
contributions shall be paid to the estate of the deceased member.
Any person qualifying as a surviving dependent child under
this section, in addition to any other benefits due under this or
other sections of this article, is entitled to receive a
scholarship to be applied to the career development education of
that person. This sum, up to but not exceeding $7,500 per year,
shall be paid from the fund to any university or college in this
state or to any trade or vocational schoolhigher education
institution in this state, career-technical education provider in
this state or other entity in this state approved by the board to
offset the expenses of tuition, room and board, books, fees or
other costs incurred in a course of study at any of these
institutions as long as the recipient makes application to the
board on an approved form and under rules provided by the board and
maintains scholastic eligibility as defined by the institution or
the board. The board may by appropriate rules define age
requirements, physical and mental requirements, scholastic
eligibility, disbursement methods, institutional qualifications and
other requirements as necessary and not inconsistent with this
section.
A surviving spouse or dependent of an employee meeting the
requirements of this section is entitled to receive beneficiary
payments on the first day of the month following the date the
deceased member is removed from payroll by the agency. A surviving
spouse or dependent of a member who is not currently an employee
meeting the requirements of this section is entitled to receive
beneficiary payments on the first day of the month following the
date of the deceased member's death. A surviving spouse or
dependent of a retirant meeting the requirements of this section is
entitled to receive beneficiary payments on the first day of the
month following the date of the deceased retirant's death. Upon
receipt of properly executed forms from the agency and surviving
spouse or dependent, the board shall process the surviving spouse
or dependent benefit as soon as administratively feasible.
It is the intent of the Legislature that the levels of
benefits provided by operation of this section from the effective
date of the enactment of this section during the regular session of
the Legislature, 2005, be the same levels of benefits as provided
by this section as amended and reenacted during the fourth
extraordinary session of the Legislature, 2005. Accordingly, the
effective date of the operation of this section as amended and
reenacted during the fourth extraordinary session of the
Legislature, 2005, is expressly made retrospective to April 9,
2005.;
And,
By striking out the title and substituting therefor a new title, to read as follows:Eng. Senate Bill No. 394--A Bill to amend and reenact §5-10-27
of the Code of West Virginia, 1931, as amended; to amend and
reenact §7-14D-20 of said code; to amend and reenact §8-22A-22 of
said code; to amend and reenact §15-2-33 of said code; and to amend
and reenact §15-2A-12 of said code, all relating to providing
scholarships for dependent children of law-enforcement officers who
die in performance of duty; modifying scholarship benefits for
certain dependents; and establishing scholarship benefits for
certain dependents.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 394, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 394) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 394) takes effect July 1, 2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, to take effect from passage, and requested the concurrence
of the Senate in the House of Delegates amendment, as toEng. Senate Bill No. 403, Relating to judicial retirement
system contribution rates.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 403--A Bill to amend and reenact §51-9-4 of the Code of West Virginia, 1931, as amended, relating to the
judicial retirement system; reducing the contribution rate of
judges; authorizing the Consolidated Public Retirement Board to
annually establish future participant contribution rates based on
the State Actuary's report; requiring certain reporting to the
Legislature's Joint Committee on Government and Finance and the
Joint Committee on Pensions and Retirement; and limiting the
participant contribution rate to no more than ten and one-half
percent and no less than seven percent of a participant's salary.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 403, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 403) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 403) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 414, Clarifying hunting and
fishing license-issuing authorities.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 2. WILDLIFE RESOURCES
§20-2-32. Issuance of licenses; duplicate licenses.(a) The clerk of the county commission in each county
requesting designation, and other persons, designated by the
director shall bepursuant to section thirty-three of this article,
are license-issuing authorities Each license-issuing authority
shall issueauthorized to issue a license to a licensean applicant
if in the opinion of the authority, the license applicant is
legally entitled to obtain the license applied for and pays the
proper fee.(b)All materialsMaterials and supplies necessary for the
issuance of licenses shall be furnished by the director to each
person authorized to issue licenseslicense-issuing authority as
needed.
_____(c) Each license shall bear a serial number and shall be
signed by the licensee. The issuinglicense-issuing authority
shall keep an accurate record in the form and manner prescribed by
the director, of all licenses issued and of all moneyfees
collected as license feesas prescribed by the director.
_____(d) Any license-issuing authority may issue a duplicate
license to replace a lost, destroyed or damaged license upon
receipt of a verified application duly executed by the original
license holderlicensee and the payment to the issuing authority of
a duplicate license fee of $1.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 414--A Bill to amend and reenact §20-2-32 of the Code of West Virginia, 1931, as amended,
relating to issuing hunting and fishing licenses; and modifying who
may be a license-issuing authority.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 414, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 414) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again proceeded to the fifth order of business.

Filed Conference Committee Reports

The Clerk announced the following conference committee report
had been filed at 5:37 p.m. today: Eng. Com. Sub. for Senate Bill No. 580, Updating requirements for dental intern, resident and teaching permits.
Without objection, the Senate returned to the third order of
business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
toEng. Senate Bill No. 423, Providing certain convicted persons
reduction in sentence.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-5d. Good-time credit.
(a) Any person convicted of a criminal offense and sentenced
to confinement in a regional jail is to be granted reduction of his
or her sentence for good conduct in accordance with this section.
(b) The reduction of sentence or good time is to be deducted
from the fixed term of determinate sentences. An inmate under two
or more consecutive sentences is allowed good time as if the
several sentences, when the maximum terms thereof are added
together, were all one sentence.
(c) Every inmate sentenced to a regional jail for a term of
confinement exceeding six months who, in the judgment of the
administrator of the regional jail facility, faithfully complies
with all rules of the regional jail during his or her term of
confinement is entitled to a deduction of five days from each month
of his or her sentence. No inmate may be granted any good time
under the provisions of this section for time spent on bond or for
time served on parole or in any other status in which he or she is
not physically incarcerated.
(d) Each inmate sentenced to a term of confinement in a
regional jail facility who participates in a general equivalency
diploma program is to be granted three days of good time for the
completion of each educational literacy level, as demonstrated by
achieving a passing score on standardized tests required by the
Department of Education, and ten days of good time for completion
of the requirements for a general equivalency diploma or high
school diploma.
(e) EachAn inmate sentenced to a term of confinement in a
regional jail in excessfor a period of six months or more, shall
be granted five days of good time for the successful completion for
each of any of the following rehabilitation programs: Domestic
violence, parenting, substance abuse, life skills, alcohol abuse,
and anger management or any special rehabilitation or educational
program designated by the executive director. Good time credit
pursuant to this subsection is cumulative, however an inmate is
eligible for a maximum of thirty days good time shall be grantedcredit for the successful completion of all sixrehabilitation
programs authorized by this subsection. The fee for each class is
$25 which is due upon enrollment. If an inmate is unable to pay a
fee or fees in full at the time of enrollment, it may be paid by
deductions from his or her inmate trust account, subject to the
provisions of subsection (f), section thirty-one of this article.
No more than one half of the amount in the inmate trust account
during any one-week period may be so deducted.
(f) The administrator of a regional jail facility may, with
the approval of the Governor, allow extra good time for inmates who
perform exceptional work or service.
(g) The Regional Jail and Correctional Facility Authority
shall promulgate disciplinary rules for the regional jail
facilities. The rules are to describe prohibited acts, procedures
for charging individual inmates for violations of the rules and for
determining the guilt or innocence of inmates charged with the
violations and sanctions that may be imposed for the violations.
For each violation by an inmate, any part or all of the good time
that has been granted to the inmate may be forfeited and revoked by
the administrator of the regional jail facility. The
administrator, when appropriate and with approval of the executive
director, may restore any good time forfeited for a violation of
the rules promulgated or adopted pursuant to this subsection.
(h) Each inmate sentenced to a term of confinement in a
regional jail in excess of six months shall, within seventy-two
hours of being received into a regional jail, be given a copy of the disciplinary rules, a statement setting forth the term or
length of his or her sentence or sentences and the time of his or
her minimum discharge.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 423, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 423) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Com. Sub. for Senate Bill No. 438, Authorizing reorganization of certain community and technical colleges.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page five, section two, line eighteen, by striking out the
word "one" and inserting in lieu thereof the word "two";
On page six, section two, line thirty, after the word
"Colleges." by inserting the following: In the case of the
consolidation of Bridgemont Community and Technical College and
Kanawha Valley Community and Technical College, "multicampus
institution" means the consolidated institution comprised of
existing campuses in Montgomery and South Charleston and any other
campuses that may be established in the future, in accordance with
the Higher Learning Commission standards of accreditation.;
On page seven, section three, line seven, by changing the
period to a comma and inserting the words "and to continued
fulfillment of institutional accreditation requirements.";
On page eight, section three, lines thirty-three and thirty-
four, by striking out the words "apportion the appointments as
equally as possible among the lay citizen members" and inserting in
lieu thereof the words "appoint an equal number of lay citizen
members from each";
On page eight, section three, line thirty-five, after the word
"institutions." by inserting the following: One such member serves
a one-year term only, after which that membership position is not reappointed.;
On page nine, section three, line thirty-six, by striking out
the word "Four" and inserting in lieu thereof the following: "One
of the initial appointments is for a term of one year, four";
On page nine, section three, after line thirty-eight, by
inserting a new subdivision, designated subdivision (3), to read as
follows:
(3) Until June 30, 2014, all of the constituent members of the
boards of governors of the affected institutions representing
faculty, classified employees and students serve as members on the
board of governors of the reorganized institution. Beginning July
1, 2014, the constituent members of the reorganized institution are
appointed according to the provisions of section one, article two-a
of this chapter.;
On page nine, section three, lines forty-four through fifty-
one, by striking out all of subsection (c);
And by relettering the remaining subsection;
On page thirteen, section six, lines one and two, by striking
out the words "(a) When a reorganized institution is created, the"
and inserting in lieu thereof the following:
"When a consolidated institution is formed:
(1) The";
On page fourteen, section six, line five, by striking out
"(b)" and inserting in lieu thereof "(2)";
On page fourteen, section six, line nine, by striking out
"(c)" and inserting in lieu thereof "(3)";
On page fourteen, section six, line fifteen, by striking out
"(d)" and inserting in lieu thereof "(4)";
On page fifteen, section six, line twenty-two, by striking out
"(e)" and inserting in lieu thereof "(5)";
On page nineteen, section nine, after the section caption, by
inserting a new subsection, designated subsection (a), to read as
follows:
(a) When a consolidated institution is formed, the faculty,
classified employees and nonclassified employees of the affected
institutions become the faculty, classified employees and
nonclassified employees of the consolidated institution, subject to
the provisions of this article.;
And by relettering the remaining subsections;
On page twenty-one, after line thirty-eight, by adding a new
section, designated section ten, to read as follows:§18B-3F-10. Transfer of students.
(a) When a consolidated institution is formed, the students of
the affected institutions become the students of the consolidated
institution, subject to the provisions of section eight, article
one of this chapter.;
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §18B-3F-1, §18B-3F-2,
§18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8,
§18B-3F-9 and §18B-3F-10, all to read as follows:;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 438--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4,
§18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8, §18B-3F-9 and
§18B-3F-10, all relating to reorganization and consolidation of
Bridgemont Community and Technical College and Kanawha Valley
Community and Technical College; creating an independent,
multicampus community and technical college on June 30, 2013;
abolishing certain boards of governors and providing for
appointment of a new board of governors; setting forth legislative
findings; providing definitions; requiring development of a
strategic reorganization plan; establishing an administrative
planning committee; providing for committee membership, powers,
duties and termination date; appointing president and other
officers; specifying certain duties; providing for transfer of
assets and liabilities, operating budgets, orders, rules and
procedures; providing for the transfer of faculty, classified
employees and nonclassified employees; providing for employee
rights and benefits when positions are abolished; requiring
notification of employment status by certain date under certain
circumstances; and providing for the transfer of students.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 438, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 438) passed with its House of Delegates
amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 438) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Com. Sub. for Senate Bill No. 444, Relating to higher
education generally.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §12-1-12d of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §18B-2A-1 and §18B-2A-3 of said code
be amended and reenacted; and that §18B-7-11 of said code be
amended and reenacted, all to read as follows:

CHAPTER 12. PUBLIC MONEYS AND SECURITIES.

ARTICLE 1. STATE DEPOSITORIES.
§12-1-12d. Investments by Marshall University and West Virginia
University.
(a) Notwithstanding any provision of this article to the
contrary, the governing boards of Marshall University and West
Virginia University each may invest certain funds with its respective nonprofit foundation that has been established to
receive contributions exclusively for that university and which
exists on January 1, 2005. Any suchThe investment is subject to
the limitations of this section.
(b) A governing board, through its chief financial officer may
enter into agreements, approved as to form by the State Treasurer,
for the investment by its foundation of certain funds subject to
their administration. Any interest or earnings on the moneys
invested is retained by the investing university.
(c) Moneys of a university that may be invested with its
foundation pursuant to this section are those subject to the
administrative control of the university that are collected under
an act of the Legislature for specific purposes and do not include
any funds made available to the university from the State General
Revenue Fund or the funds established in sections eighteen or
eighteen-a, article twenty-two, chapter twenty-nine of this code.
Moneys permitted to be invested under this section may be
aggregated in an investment fund for investment purposes.
(d) Of the moneys authorized for investment by this section,
Marshall University and West Virginia University each,
respectively, may have invested with its foundation at any time not
more than the greater of:
(1) Eighteen million dollars for Marshall University and $25
million for West Virginia University; or
(2) Sixty-five percent of its unrestricted net assets as
presented in the statement of net assets for the fiscal year end audited financial reports.
(3) Notwithstanding subdivisions (1) and (2) of this
subsection, with the approval of the Higher Education Policy
Commission, Marshall University may increase the amount invested to
$30$60 million and West Virginia University may increase the
amount invested to $40$70 million.
(e) Investments by foundations that are authorized under this
section shall be made in accordance with and subject to the
provisions of the Uniform Prudent Investor Act codified as article
six-c, chapter forty-four of this code. As part of its fiduciary
responsibilities, each governing board shall establish investment
policies in accordance with the Uniform Prudent Investor Act for
those moneys invested with its foundation. The governing board
shall review, establish and modify, if necessary, the investment
objectives as incorporated in its investment policies so as to
provide for the financial security of the moneys invested with its
foundation. The governing boards shall give consideration to the
following:
(1) Preservation of capital;
(2) Diversification;
(3) Risk tolerance;
(4) Rate of return;
(5) Stability;
(6) Turnover;
(7) Liquidity; and
(8) Reasonable cost of fees.
(f) A governing board shall report annually by December 31 to
the Governor and to the Joint Committee on Government and Finance
on the performance of investments managed by its foundation
pursuant to this section.
(g) The amendments to this section in the second extraordinary
session of the Legislature in 2010 shall apply retroactively so
that the authority granted by this section shall be construed as if
that authority did not expire on July 1, 2010.ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.§18B-2A-1. Findings; composition of boards; terms and
qualifications of members; vacancies; eligibility for
reappointment.
(a) Findings. --The Legislature finds that the State of West Virginia is
served best when the membership of each governing board includes
the following:
(1) The academic expertise and institutional experience of
faculty members and a student of the institution governed by the
board;
(2) The technical or professional expertise and institutional
experience of a classified employee of the institution governed by
the board;
(3) An awareness and understanding of the issues facing the
institution governed by the board; and
(4) The diverse perspectives that arise from a membership that
is balanced in terms of gender and varied in terms of race and ethnic heritage.
(b) Boards of governors established. --
A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, Bridgemont Community and Technical College,
Concord University, Eastern West Virginia Community and Technical
College, Fairmont State University, Glenville State College,
Kanawha Valley Community and Technical College, Mountwest Community
and Technical College, Marshall University, New River Community and
Technical College, Pierpont Community and Technical College,
Shepherd University, Southern West Virginia Community and Technical
College, West Liberty University, West Virginia Northern Community
and Technical College, the West Virginia School of Osteopathic
Medicine, West Virginia State University, West Virginia University
and West Virginia University at Parkersburg.
(c) Board membership. --
(1) An appointment to fill a vacancy on the board or
reappointment of a member who is eligible to serve an additional
term is made in accordance with the provisions of this section.
(2) The Board of Governors for Marshall University consists of
sixteen persons. The Board of Governors for West Virginia
University consists of seventeen persons. The boards of governors
of the other state institutions of higher education consist of
twelve persons.
(3) Each board of governors includes the following members:
(A) A full-time member of the faculty with the rank of instructor or above duly elected by the faculty of the respective
institution;
(B) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution; and
(C) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
(4) For the Board of Governors at Marshall University,
thirteen lay members appointed by the Governor, by and with the
advice and consent of the Senate, pursuant to this section;
(5) For the Board of Governors at West Virginia University,
twelve lay members appointed by the Governor, by and with the
advice and consent of the Senate, pursuant to this section, and
additionally:
(A) The Chairperson of the Board of Visitors of West Virginia
University Institute of Technology;
(B) A full-time faculty member representing the extension
service at the institution or a full-time faculty member
representing the health sciences, selected by the faculty senate.
(6) For each board of governors of the other state
institutions of higher education, nine lay members appointed by the
Governor, by and with the advice and consent of the Senate,
pursuant to this section.
(A) Of the nine members appointed by the Governor, no more
than five may be of the same political party. Of the thirteen
members appointed by the Governor to the governing board of Marshall University, no more than eight may be of the same
political party. Of the twelve members appointed by the Governor
to the governing board of West Virginia University, no more than
seven may be of the same political party.
(B) Of the nine members appointed by the Governor, at least
five shall be residents of the state. Of the thirteen members
appointed by the Governor to the governing board of Marshall
University, at least eight shall be residents of the state. Of the
twelve members appointed by the Governor to the governing board of
West Virginia University, at least seven shall be residents of the
state.
(7) In making lay appointments, the Governor shall consider
the institutional mission and membership characteristics including
the following:
(A) The need for individual skills, knowledge and experience
relevant to governing the institution;
(B) The need for awareness and understanding of institutional
problems and priorities, including those related to research,
teaching and outreach;
(C) The value of gender, racial and ethnic diversity; and
(D) The value of achieving balance in gender and diversity in
the racial and ethnic characteristics of the lay membership of each
board.
(d) Board member terms. --
(1) The student member serves for a term of one year. Each
term begins on July 1.
(2) The faculty member serves for a term of two years. Each
term begins on July 1. Faculty members are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(3) The member representing classified employees serves for a
term of two years. Each term begins on July 1. Members
representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of
eight consecutive years.
(4) The appointed lay citizen members serve terms of up to
four years each and are eligible to succeed themselves for no more
than one additional term, except that citizen members who are
appointed to fill unexpired terms are eligible to succeed
themselves for two full terms after completing an unexpired term.
(5) A vacancy in an unexpired term of a member shall be filled
for the unexpired term within thirty days of the occurrence of the
vacancy in the same manner as the original appointment or election.
Except in the case of a vacancy, all elections are held and all
appointments are made no later than June 30 preceding the
commencement of the term. Each board of governors shall elect one
of its appointed lay members to be chairperson in June of each
year. A member may not serve as chairperson for more than four
consecutive years.
(6) The appointed members of the boards of governors serve
staggered terms of up to four years except that four of the initial
appointments to the governing boards of community and technical colleges that became independent July 1, 2008, are for terms of two
years and five of the initial appointments are for terms of four
years.
(e) Board member eligibility, expenses. --
(1) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(A) For a baccalaureate institution or university, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; an employee of any institution of
higher education; an officer or member of any political party
executive committee; the holder of any other public office or
public employment under the government of this state or any of its
political subdivisions; an employee of any affiliated research
corporation created pursuant to article twelve of this chapter; an
employee of any affiliated foundation organized and operated in
support of one or more state institutions of higher education; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students or the superintendent of a county board of education from
being members of the governing boards.
(B) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of a board of visitors of
any public institution of higher education; an employee of any
institution of higher education; an officer or member of any political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; an
employee of any affiliated research corporation created pursuant to
article twelve of this chapter; an employee of any affiliated
foundation organized and operated in support of one or more state
institutions of higher education; or a member of the council or
commission. This subsection does not prevent the representative
from the faculty, classified employees or students from being
members of the governing boards.
(2) Before exercising any authority or performing any duties
as a member of a governing board, each member shall qualify as such
by taking and subscribing to the oath of office prescribed by
section five, article IV of the Constitution of West Virginia and
the certificate thereof shall be filed with the Secretary of State.
(3) A member of a governing board appointed by the Governor
may not be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
(4) The members of the board of governors serve without
compensation, but are reimbursed for all reasonable and necessary
expenses actually incurred in the performance of official duties
under this article upon presentation of an itemized sworn statement
of expenses.
(5) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. All expenses incurred by the board of
governors and the institution under this section are paid from
funds allocated to the institution for that purpose.§18B-2A-3. Supervision of governing boards; promulgation of rules;
data collection and dissemination.
(a) The governing boards are subject to the supervision of the
commission or the council, as appropriate, except in those
instances where specific statutory exceptions are granted by law to
the governing boards of Marshall University and West Virginia
University.
(b) The governing boards of all state institutions of higher
education are subject to the provisions of law that relate to the
administration of personnel matters including, specifically,
articles seven, eight, nine and nine-a of this chapter and to rules
promulgated and adopted in accordance with these provisions.
(c) The Chancellor for Higher Education and the Chancellor for
Community and Technical College Education, under the supervision of
their respective boards, are responsible for the coordination of
policies, purposes and rules of the governing boards and shall
provide for and facilitate sufficient interaction among the
governing boards and between the governing boards and the State
Board of Education to meet the goals and objectives provided in the
compacts and in section one-a, article one and article one-d of
this chapter.
(d) The governing boards and the State Board of Education
shall provide all information requested by the commission and the
council, whether the request is made separately or jointly, in an
appropriate format and in a timely manner.(1) Each governing board shall cooperate with the West
Virginia Network for Educational Telecomputing (WVNET) in designing
appropriate interfaces with the databases of institutions under its
jurisdiction and shall grant WVNET direct access to these
databases.
_____(2) WVNET, on behalf of the commission or council or both,
shall generate reports from the data accessed for the purposes set
forth in section five, article one-a and sections eight and ten,
article one-d of this chapter.
_____(3) All data accessed or received from an institution shall be
treated in a manner consistent with the privacy protections
outlined in section ten, article one-d of this chapter.ARTICLE 7. PERSONNEL GENERALLY.§18B-7-11. Employees designated as nonclassified; limits;
exceptions; reports required.
(a) Notwithstanding any provision of this code to the
contrary, by July 1, 2015, the percentage of personnel placed in
the category of nonclassified at a higher education organization
may not exceed twenty percent of the total number of classified and
nonclassified employees of that organization as those terms are
defined in section two, article nine-a of this chapter and who are
eligible for membership in a state retirement system of the State of West Virginia or other retirement plan authorized by the state.
A higher education organization which has more than twenty
percent of its employees placed in the nonclassified category as
defined by this subsection on July 1, 2011, shall reduce the number
of nonclassified employees to no more than twenty-five percent by
July 1, 2013, and to no more than twenty percent by July 1, 2015,
except as set forth in subsections (b) and (c) of this section.
(b) For the purpose of determining the ratio of nonclassified
employees pursuant to this section, the following conditions apply:
(1) Employees of the commission and the chancellor for higher
education and employees of the council and the chancellor for
community and technical college education are considered as one
organization;(2) Organizations mayshall count as faculty or classified
employees, respectively, administrators who retain the right to
return to faculty or classified employee positions, andin the
employee category they are serving in at the time of reporting as
required by subsections (a) and (b), section eight of this article.
Such employees will be counted in their original category at such
time as they exercise their return rights.
_____(3)(2) Athletic coaches are excluded from calculation of the
ratio. The commission and the council shall include consideration
of this employee category in each review required by section nine
of this article and shall monitor organizations' use of this
category and include this information in the reports required by
subsections (a) and (b), section eight of this article.
(c) An organization may place up to twenty-five percent of the
total number of classified and nonclassified employees of that
organization as defined by this section in the nonclassified
category under the following conditions:
(1) The governing board of an institution votes to approve any
percentage or fraction of a percentage number above twenty percent
and seeks and receives the approval of the commission or council,
as appropriate, before increasing the total above twenty percent.(2) In the case of personnel employed by the commission and
the council, the chancellors jointly shall agree to increase the
percentage number or fraction of a number of nonclassified
employees beyond twenty percent and shall recommend this action to
their respective boards for approval.
(A) The commission and council each shall approve or
disapprove the increase and shall include the vote, as well as
details of the position and justification for placing the position
in the nonclassified category, in its minute record.
(B) The number of nonclassified personnel may not be increased
above twenty percent unless the increase is approved by both the
commission and the council.(3)(2)Powers and duties of commission and council regarding
nonclassified staff ratios. --
(A) It is the duty of the commission and council jointly to
establish criteria for the purpose of making decisions on approving
or disapproving requests by organizations to exceed the twenty
percent limit for personnel placed in the nonclassified category;
(B) The commission and council shall provide technical
assistance to organizations under their respective jurisdictions in
collecting and interpreting data to ensure that they fulfill the
requirements established by this section. Consideration of these
issues shall be made part of each review required by section nine
of this article and information from the review included in the
reports required by subsections (a) and (b), section eight of this
article;
(C) The chancellors shall monitor the progress of the
organizations in meeting the deadlines established in this section
and shall report periodically to the council and commission. The
commission and council shall make a preliminary compliance report
to the Legislative Oversight Commission on Education Accountability
by September 1, 2013, and a final report on organization compliance
to that body by September 1, 2015.
(D) Subject to a joint recommendation by the commission and
the council and subsequent affirmative action by the Legislature to
extend the authority beyond the specified date of termination, the
authority of an organization to place more than twenty percent of
its personnel in the nonclassified category pursuant to this
section expires on July 1, 2016.
(d) The current annual salary of a nonclassified employee may
not be reduced if his or her position is redefined as a classified
position solely to meet the requirements of this section. If such
a nonclassified employee is reclassified, his or her salary does
not constitute evidence of inequitable compensation in comparison to other employees in the same paygrade.(e) For the purposes of this section only the commission and
council are not considered higher education organizations.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 444--A Bill to amend and
reenact §12-1-12d of the Code of West Virginia, 1931, as amended;
to amend and reenact §18B-2A-1 and §18B-2A-3 of said code; and to
amend and reenact §18B-7-11 of said code, all relating to higher
education generally; increasing the amounts that Marshall
University and West Virginia University may have invested with
their respective foundations under certain conditions; authorizing
certain members of institutional governing boards are eligible to
succeed themselves under certain conditions; collecting,
synthesizing and disseminating data from state institutions of
higher education; directing institutional boards of governors to
cooperate in certain data-related operations; providing certain
privacy protections for data; exempting the West Virginia Policy
Commission and West Virginia Council for Community and Technical
College Education from meeting certain employee ratios; and
modifying the method of calculating certain employee ratios.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 444, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 444) passed with its House of Delegates
amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 444) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage ofEng. Senate Bill No. 460, Exempting certain residents' active
duty military pay from state income tax.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 461, Relating to procedures
and protections for child witnesses in domestic relations
proceedings.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §62-6B-2, §62-6B-3 and §62-6B-4 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:ARTICLE 6B. PROTECTION AND PRESERVATION OF STATEMENTS AND
TESTIMONY OF CHILD WITNESS.§62-6B-2. Definitions.
For the purposes of this article, the words or terms defined
in this section, and any variation of those words or terms required
by the context, have the meanings ascribed to them in this section. These definitions are applicable unless a different meaning clearly
appears from the context.
(1) "Child witness" means a person thirteen years of age or
lessunder the age of sixteen years of age who is or will be called
to testify in a criminal matter concerning an alleged violation of
the provisions of sections three, four, five and seven, article
eight-b, chapter sixty-one of this code in which the child is the
alleged victim.
(2) "Live, two-way closed-circuit television" means a
simultaneous transmission, by closed-circuit television or other
electronic means, between the courtroom and the testimonial room.
(3) "Operator" means the individual authorized by the court to
operate the two-way closed-circuit television equipment used in
accordance with the provisions of this article.
(4) "Testimonial room" means a room within the courthouse
other than the courtroom from which the testimony of a child
witness or the defendant is transmitted to the courtroom by means
of live, two-way closed-circuit television.§62-6B-3. Findings of fact required for taking testimony of child
witness by closed-circuit television; considerations
for court.
(a) Upon a written motion filed by the prosecuting attorney,
the child's attorney or the child's guardian ad litem, and upon
findings of fact determined pursuant to subsection (b) of this
section, a circuit court may order that the testimony of a child
witness may be taken at a pretrial proceeding or at trial through the use of live, two-way closed-circuit television.
(b) Prior to ordering that the testimony of a child witness
may be taken through the use of live, two-way closed-circuit
television, the circuit court must find by clear and convincing
evidence, after conducting an evidentiary hearing on this issue,
that:
(1) The child is an otherwise competent witness;
(2) That, absent the use of live, two-way closed-circuit
television the child witness will be unable to testify due solely
to being required to be in the physical presence of the defendant
while testifying;
(3) The child witness can only testify if live, two-way
closed-circuit television is used in the trial; and
(4) That the state's ability to proceed against the defendant
without the child witness' live testimony would be substantially
impaired or precluded.
(c) The court shall consider the following factors in
determining the necessity of allowing a child witness to testify by
the use of live, two-way closed-circuit television:
(1) The age and maturity of the child witness;
(2) The facts and circumstances of the alleged offense;
(3) The necessity of the child's live testimony to the
prosecution's ability to proceed as well as any prejudice to the
Defendant by allowing testimony through closed circuit television;
(4) Whether or not the facts of the case involve the alleged
infliction of bodily injury to the child witness or the threat of bodily injury to the child or another; and
(5) Any mental or physical handicap of the child witness.
(d) In determining whether to allow a child witness to testify
through live, two-way closed-circuit television the court shall
appoint a psychiatrist or a licensed psychologist with at least
five years clinical experience or a licensed clinical social worker
with at least five years of significant clinical experience in the
treatment and evaluation of children who shall serve as an advisor
or friend of the court to provide the court with an expert opinion
as to whether, to a reasonable degree of professional certainty,
the child witness will suffer severe emotional harm, be unable to
testify based solely on being in the physical presence of the
defendant while testifying and that the child witness does not
evidence signs of being subjected to undue influence or coercion.
The opinion of the psychiatrist or licensed psychologist or
licensed clinical social worker shall be filed with the circuit
court at least thirty days prior to the final hearing on the use of
live, two-way closed-circuit television and the defendant shall be
allowed to review the opinion and present evidence on the issue by
the use of an expert or experts or otherwise.§62-6B-4. Procedures required for taking testimony of child
witness by closed-circuit television; election of
defendant; jury instruction; sanction for failure to
follow procedures; additional accommodation options;
recordings and confidentiality.
(a) If the court determines that the use of live, two-way closed-circuit testimony is necessary and orders its use the
defendant may, at any time prior to the child witness being called,
elect to absent himself from the courtroom during the child
witness' testimony. If the defendant so elects the child shall be
required to testify in the courtroom.
(b) (1) If live, two-way closed-circuit television is used in
the testimony of the child witness, he or she shall be taken into
the testimonial room and be televised live, by two-way closed-
circuit equipment to the view of the defendant, counsel, the court
and, if applicable, the jury. The projected image of the defendant
shall be visible for child witness to view if he or she chooses to
do so and the view of the child witness available to those persons
in the courtroom shall include a full body view. Only the
prosecuting attorney, the attorney for the defendant and the
operator of the equipment may be present in the room with the child
witness during testimony. Only the court, the prosecuting attorney
and the attorney for the defendant may question the child. In pro
se proceedings, the court may modify the provisions of this
subdivision relating to the role of the attorney for the defendant
to allow the pro se defendant to question the child witness in such
a manner as to cause as little psychological trauma as possible
under the circumstances. The court shall permit the defendant to
observe and hear the testimony of the child witness contemporaneous
with the taking of the testimony. The court shall provide
electronic means for the defendant and the attorney for the
defendant to confer confidentially during the taking of the testimony.
(2) If the defendant elects to not be physically present in
the courtroom during the testimony of the child witness, the
defendant shall be taken into the testimonial room and be televised
live, by two-way closed-circuit equipment to the view of the finder
of fact and others present in the courtroom. The defendant shall
be taken to the testimonial room prior to the appearance of the
child witness in the courtroom. There shall be made and maintained
a recording of the images and sounds of all proceedings which were
televised pursuant to this article. While the defendant is in the
testimonial room, the defendant shall be permitted to view the
live, televised image of the child witness and the image of those
other persons in the courtroom whom the court determines the
defendant is entitled to view. Only the court, the prosecuting
attorney and the attorney for the defendant may question the child.
In pro se proceedings, the court may modify the provisions of this
subdivision relating to the role of the attorney for the defendant
to allow the pro se defendant to question the child witness in such
a manner as to cause as little emotional distress as possible under
the circumstances The transmission from the courtroom to the
testimonial room shall be sufficient to permit the defendant to
observe and hear the testimony of the child witness contemporaneous
with the taking of the testimony. No proceedings other than the
taking of the testimony of the child witness shall occur while the
defendant is outside the courtroom. In the event that the
defendant elects that the attorney for the defendant remain in the courtroom while the defendant is in the testimonial room, the court
shall provide electronic means for the defendant and the attorney
for the defendant to confer confidentially during the taking of the
testimony.
(c) In every case where the provisions of the article are
used, the jury, at a minimum, shall be instructed, unless such
instruction is waived by the defendant, that the use of live, two-
way closed-circuit television is being used solely for the child's
convenience, that the use of the medium cannot as a matter of law
and fact be considered as anything other than being for the
convenience of the child witness and that to infer anything else
would constitute a violation of the oath taken by the jurors.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Com. Sub. for Senate Bill No. 461--A Bill to amend the
Code of West Virginia, 1931, as amended, by amending and reenacting
§62-6B-2, §62-6B-3 and §62-6B-4 of said code, all relating to child
witnesses; allowing for the consideration of testimony by video;
increasing the age for which the court may consider allowing for
the testimony of a child witness by closed-circuit television for
children under the age of sixteen; qualifications of experts which
may be appointed to assist the court when reviewing associated
motions; and adding to the factors to be considered by the court
with regard to associated motions.
On motion of Senator Unger, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 461, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 461) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Senate Bill No. 489, Permitting community enhancement
districts to decrease annual property assessments.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §16-13E-8 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:ARTICLE 13E. COMMUNITY ENHANCEMENT ACT.§16-13E-8. Notice to property owners of assessments; correcting
and laying assessments; report on project
completion; credits.
(a) Prior to the issuance of assessment bonds or pledging any
amounts to payment of tax increment financing obligation debt
service, the board shall cause a report to be prepared describing
each lot or parcel of land located within the community enhancement
district and setting forth the total cost of the project based on
the contract with the governmental agency, the accepted bid or
bids, or a cost estimate certified by a professional engineer, and
all other costs incurred prior to the commencement of construction
and the future administrative costs, and the respective amounts
chargeable upon each lot or parcel of land and the proper amount to
be assessed against the respective lots or parcels of land with a
description of the lots and parcels of land as to ownership and
location. If two or more different kinds of projects are involved,
the report shall set forth the portion of the assessment
attributable to each respective project. The board shall thereupon
give notice to the owners of real property to be assessed that on or after a date specified in the notice an assessment will be
deemed granted against the property. The notice shall state that
the owner of assessed property, or other interested party, may on
said date appear before the board to move the revision or
correction of the proposed assessment and shall show the total cost
of the project, whether the assessments will pay for all or part of
the total cost of the project and the lots or parcels of property
to be assessed and the respective amounts to be assessed against
such lots or parcels, with a description of the respective lots and
parcels of land as to ownership and location. The notice shall
also be published as a Class II-0 legal advertisement in compliance
with the provisions of article three, chapter fifty-nine of this
code, and the publication area for such publication is the
assessment district. On or after the date so advertised, the board
may revise, amend, correct and verify the report and proceed by
resolution to establish the assessments as corrected and verified
and shall certify the same to the governing body which created the
district._____(b) During the pendency of the project, the board may decrease
the amount of the assessments certified to the county sheriff for
collection following the June 7 certification of those assessments
by the community enhancement district to the sheriff as provided by
subdivision (6), subsection (b), section six of this article, upon
a finding or determination by the community enhancement board that
the decrease is necessary or appropriate as the total cost of the
project is less than projected or that the need for the assessment amount has decreased under the circumstances, and so certify to the
sheriff of the county where the property is located. The modified
assessment shall be granted against all property in the district
for inclusion in the tax ticket or the preparation of modified tax
tickets by that sheriff for the affected parcels.
_____(b)(c) Upon completion of a project, the board shall prepare
a final report certifying the completion of the project and showing
the total cost of the project and whether the cost is greater or
less than the cost originally estimated. If the total cost of the
project is less or greater than the cost shown in the report
prepared prior to construction, the board may revise the assessment
charged on each lot or parcel of land pursuant to subsection (a) of
this section to reflect the total cost of the project as completed,
and in so doing shall, in the case of an assessment increase only,
follow the same procedure with regard to notice and providing each
owner of assessed property the right to appear before the board to
move for the revision or correction of such proposed reassessment
as required for the original assessment. If an assessment is
decreased, the board shall, by resolution and written notice to the
sheriff of the county in which the community enhancement district
is located, cause the next installment or installments of
assessments then due and payable by each affected property owner to
be reduced pro rata, and shall provide written notice to such
property owners of the amount of such decrease by the deposit of
such notice in the United States mail, postage prepaid.(c)(d) The value of the projects financed with the assessments shall be treated as a credit toward any impact fees
related to the service or services provided levied under article
twenty, chapter seven of this code.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 489--A Bill to amend and reenact
§16-13E-8 of the Code of West Virginia, 1931, as amended, relating
to permitting community enhancement districts to decrease the
amounts of annual property assessments; providing a process that a
community enhancement board is to use to certify the decrease to
the county sheriff; requiring that any decrease be included in the
tax ticket or a modified tax ticket; and providing that the
assessment reduction applies to all property in the district.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 489, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 489) passed with its House of Delegates amended title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 489) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect July 1, 2013, and requested
the concurrence of the Senate in the House of Delegates amendments,
as toEng. Com. Sub. for Com. Sub. for Senate Bill No. 498, Relating
to hearing location for Alcohol Beverage Control Administration's
appeal hearings.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:

CHAPTER 11. TAXATION.

ARTICLE 16. NONINTOXICATING BEER.§11-16-24. Hearing on sanctioning of license; notice; review of
action of commissioner; clerk of court to furnish commissioner
copy of order or judgment of conviction of licensee;
assessment of costs; procedure for appealing any final order
of the commissioner which revokes, suspends, sanctions or
denies the issuance or renewal of any license issued under
this article.(a) The commissioner shallmay not revoke noror suspend any
a license issued pursuant to this article or impose any civil
penaltiesa civil penalty authorized therebyunder this article
unless and until a hearing shall beis held after at least ten
days' notice to the licensee of the time and place of suchthe
hearing, which notice shall contain a statement or specification of
the charges, grounds or reasons for suchthe proposed contemplated
action, and which shall beis served upon the licensee as notices
under the West Virginia Rules of Civil Procedure or by certified
mail, return receipt requested, to the address for which license
was issued; at which time and place, so designated in the notice,
the licensee shall havehas the right to appear and produce evidence in his or her behalf, and to be represented by counsel.(b) The commissioner shall have authority tomay summon
witnesses in the hearings before him or her, and fees of witnesses
summoned on behalf of the state in proceedings to sanction licenses
shall be treated as a part of the expenses of administration and
enforcement. SuchThe fees shall be the same as those in similar
hearings in the circuit courts of this state. The commissioner
may, upon a finding of violation, assess a licensee a sum not to
exceed $150 per violation to reimburse the commissioner for
expenditures for witness fees, court reporter fees and travel costs
incurred in holding the hearing. Any Moneys so assessed shall be
transferred to the Nonintoxicating Beer Fund created by section
twenty-three of this article.(c) If, at the request of the licensee or on his or her
motion, the hearing shall beis continued and shalldoes not take
place on the day fixed by the commissioner in the notice above
provided forof hearing, then suchthe licensee's license may be
suspended until the hearing and decision of the commissioner, and
in the event of revocation or suspension of suchthe license, upon
hearing before the commissioner, the licensee shall not beis not
permitted to sell beer pending an appeal as provided by this
article. Any person continuing to sell beer after his or her
license has been suspended or revoked, as hereinbefore provided, is
guilty of a misdemeanor and, shall be punished as provided in
section nineteen of this article.(d) Notwithstanding the provisions of subsection (b), section four, article five, chapter twenty-nine-a of this code, the action
of the commissioner in revoking, or suspending, sanctioning or
refusing a license shall beis subject to review by the circuit
court of Kanawha County West Virginia,or the circuit court in the
county where the proposed or licensed premises is located and will
or does conduct sales: Provided, That in all other respects, such
review shall be conducted in the manner provided in chapter twenty-
nine-a of this code. when such licensee may be aggrieved by such
revocation, or suspensionThe petition for such review must be
filed with saidthe circuit court within a period of thirty days
from and after the date offollowing entry of the final order of
revocation, or suspension, sanction or refusal issued by the
commissioner. and anyAn applicant or licensee obtaining an order
for such review shall beis required to pay the costs and fees
incident to transcribing, certifying and transmitting the records
pertaining to suchthe matter to the circuit court. An application
to the Supreme Court of Appeals of West Virginia for a writ of
error from any final order of the circuit court in any suchthe
matter shall be made within thirty days from and after the entry of
suchthe final circuit court order.(e) All such hearings, upon notice to show cause why license
should be revoked, or suspended, sanctioned or refused, before the
commissioner shall be held in the offices of the commissioner in
Charleston, Kanawha County, West Virginia, unless otherwise
provided by the commissioner in suchthe notice or agreed upon
between the licensee and the commissioner; andof hearing. When suchthe hearing is held elsewhere than in the commissioner's
office, the licensee may be required to make deposits of the
estimated costs of suchthe hearing.(f) Whenever anya licensee has been convicted of anyan
offense constituting a violation of the laws of this state or of
the United States relating to nonintoxicating beer, or alcoholic
liquor, and suchthe conviction has become final, the clerk of the
court in which suchthe licensee has been convicted shall forward
to the commissioner a certified copy of the order or judgment of
conviction if suchthe clerk has knowledge that the person so
convicted is a licensee, together with the certification of such
the clerk that the conviction is final.(g) In the case of a Class B licensee with multiple licensed
locations, the commissioner may, in his or her discretion, revoke,
suspend or otherwise sanction, per the provisions of section
twenty-three of this article, only the license for the location or
locations involved in the unlawful conduct for which licensure is
sanctioned, as opposed to all separately licensed locations of such
the licensee.

CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.

ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.§60-3A-28. Notice of and hearing on revocation; right of appeal;
appeal procedures.
(a) Before a retail license issued under the authority of this
article may beis suspended for a period of more than twenty days,
or revoked, the commissioner shall give at least ten days' notice to the retail licensee. Notice shall be in writing, shall state
the reason for suspension or revocation and shall designate a time
and place for a hearing where the retail licensee may show cause
why the retail license should not be suspended or revoked. Notice
shall be sent by certified mail to the address for which the retail
license was issued. The retail licensee may, at the time
designated for the hearing, produce evidence in his or her behalf
and be represented by counsel.
(b) SuchThe hearing and the administrative procedures prior
to, during and following the same shall behearing are governed by
and shall be conducted in accordance with the provisions of article
five, chapter twenty-nine-a of this code in like manner as if the
provisions of article five were fully set forth in this section.
(c) Notwithstanding the provisions of subsection (b), section
four, article five, chapter twenty-nine-a of this code, any person
adversely affected by ana final order entered following suchthe
hearing shall havehas the right of judicial review thereof in
accordance with the provisions of section four, article five,
chapter twenty-nine-a of this code with like effect as if the
provisions of said section four were fully set forth in this
sectionby the circuit court of Kanawha County or the circuit court
in the county where the proposed or licensed premises is located
and will or does conduct sales: Provided, That in all other
respects, such review shall be conducted in the manner provided in
chapter twenty-nine-a of this code. The petition for the review
must be filed with the circuit court within thirty days following entry of the final order issued by the commissioner. An applicant
or licensee obtaining the review is required to pay the costs and
fees incident to transcribing, certifying and transmitting the
records pertaining to the matter to circuit court.
(d) The judgment of athe circuit court reviewing suchthe
order of the commissioner shall beis final unless reversed,
vacated or modified on appeal to the Supreme Court of Appeals in
accordance with the provisions of section one, article six, chapter
twenty-nine-a of this code.
(e) Legal counsel and services for the commissioner in all
suchthe proceedings in any circuit court and the Supreme Court of
Appeals shall be provided by the Attorney General or his or her
assistants and in any proceedings in any circuit court by the
prosecuting attorney of that county as well, all without additional
compensation.
(f) Upon final revocation, the commissioner shall proceed to
reissue the retail license by following the procedures set forth
herein for the initial issuance of a retail license.ARTICLE 7. LICENSES TO PRIVATE CLUBS.§60-7-13a. Hearing on sanctioning of license; notice; review of
action of commissioner; clerk of court to furnish
commissioner copy of order or judgment of conviction
of licensee; assessment of costs; procedure for
appealing any final order of the commissioner which
revokes, suspends, sanctions or denies the issuance
or renewal of any license issued under this article.(a) The commissioner shallmay not revoke or suspend anya
license issued pursuant to this article or impose any civil
penalties authorized therebyunder this article unless and until a
hearing shall beis held after at least ten days' notice to the
licensee of the time and place of suchthe hearing, which notice
shall contain a statement or specification of the charges, grounds
or reasons for suchthe proposed contemplated action, and which
shall beis served upon the licensee as notices under the West
Virginia Rules of Civil Procedure or by certified mail, return
receipt requested, to the address for which license was issued. At
whichthe time and place, so designated in the notice, the licensee
shall havehas the right to appear and produce evidence in his or
her behalf, and to be represented by counsel: Provided, That the
commissioner may forthwith suspend any suchthe license when the
commissioner believes the public safety will be adversely affected
by the licensee's continued operation.(b) The commissioner shall have authority tomay summon
witnesses in the hearing before him or her, and fees of witnesses
summoned on behalf of the state in proceedings to sanction licenses
shall be treated as a part of the expenses of administration and
enforcement. SuchThe fees shall be the same as those in similar
hearings in the circuit courts of this state. The commissioner
may, upon a finding of violation, assess a licensee a sum, not to
exceed $150 per violation, to reimburse the commissioner for
expenditures of witness fees, court reporter fees and travel costs
incurred in holding the hearing. Any moneysMoneys so assessed shall be transferred to the Alcohol Beverage Control Enforcement
Fund created by section thirteen of this article.(c) If, at the request of the licensee or on his or her
motion, the hearing shall beis continued and shalldoes not take
place on the day fixed by the commissioner in the notice above
provided forof hearing, then suchthe licensee's license may be
suspended until the hearing and decision of the commissioner, and
in the event of revocation or suspension of suchthe license, upon
hearing before the commissioner, the licensee shall not beis not
permitted to sell alcoholic liquor or nonintoxicating beer pending
an appeal as provided by this article. Any person continuing to
sell alcoholic liquor or nonintoxicating beer after his or her
license has been suspended or revoked, as hereinbefore provided in
this section, is guilty of a misdemeanor and, shall be punished as
provided in section twelve of this article.(d) Notwithstanding the provisions of subsection (b), section
four, article five, chapter twenty-nine-a of this code, the action
of the commissioner in revoking, or suspending, sanctioning or
refusing a license shall beis subject to review by the circuit
court of Kanawha County West Virginia,or the circuit court in the
county where the proposed or licensed premises is located and will
or does conduct sales: Provided, That in all other respects, such
review shall be conducted in the manner provided in chapter twenty-
nine-a of this code. when such licensee may be aggrieved by such
revocation, or suspensionThe petition for such review must be
filed with saidthe circuit court within a period of thirty days from and after the date offollowing entry of the final order of
revocation, or suspension, sanction or refusal issued by the
commissioner. and anyA licensee obtaining an order for suchthe
review shall beis required to pay the costs and fees incident to
transcribing, certifying and transmitting the records pertaining to
suchthe matter to the circuit court. An application to the
Supreme Court of Appeals of West Virginia for a writ of error from
any final order of the circuit court in any suchthe matter shall
be made within thirty days from and after the entry of suchthe
final circuit court order.(e) All such hearings, upon notice to show cause why license
should be revoked, or suspended, sanctioned or refused, before the
commissioner shall be held in the offices of the commissioner in
Charleston, Kanawha County, West Virginia, unless otherwise
provided by the commissioner in suchthe notice or agreed upon
between the licensee and the commissioner andof hearing. When such
the hearing is held elsewhere than in the commissioner's office,
the licensee may be required to make deposits of the estimated
costs of suchthe hearing.(f) Whenever any licensee has been convicted of anyan offense
constituting a violation of the laws of this state or of the United
States relating to alcoholic liquor, or nonintoxicating beer, and
suchthe conviction has become final, the clerk of the court in
which suchthe licensee has been convicted shall forward to the
commissioner a certified copy of the order or judgment of
conviction if suchthe clerk has knowledge that the person so convicted is a licensee, together with the certification of such
the clerk that the conviction is final. The commissioner shall
report violations of any of the provisions of section twelve or
twelve-a of this article to the prosecuting attorney of the county
in which the licensed premises is located.ARTICLE 8. SALE OF WINES.§60-8-18. Revocation, suspension and other sanctions which may be
imposed by the commissioner upon the licensee; procedure for
appealing any final order of the commissioner which revokes,
suspends, sanctions or denies the issuance or renewal of any
license issued under this article.
(a) The commissioner may on his or her own motion, or shall on
the sworn complaint of any person, conduct an investigation to
determine if any provisions of this article or any rule promulgated
or any order issued by the commissioner has been violated by any
licensee. After investigation, the commissioner may impose
penalties and sanctions as set forth below.
(1) If the commissioner finds that the licensee has violated
any provision of this article or any rule promulgated or order
issued by the commissioner, or if the commissioner finds the
existence of any ground on which a license could have been refused,
if the licensee were then applying for a license, the commissioner
may:
(A) Revoke the licensee's license;
(B) Suspend the licensee's license for a period determined by
the commissioner not to exceed twelve months; or
(C) Place the licensee on probation for a period not to exceed
twelve months; and
(D) Impose a monetary penalty not to exceed $1,000 for each
violation where revocation is not imposed.
(2) If the commissioner finds that a licensee has willfully
violated any provision of this article or any rule promulgated or
any order issued by the commissioner, the commissioner shall revoke
the licensee's license.
(b) If a supplier or distributor fails or refuses to keep in
effect the bond required by section twenty-nine of this article,
the commissioner shall automatically suspend the supplier or
distributor's license until the bond required by section twenty of
this article is furnished to the commissioner, at which time the
commissioner shall vacate the suspension.
(c) Whenever the commissioner refuses to issue a license, or
suspends or revokes a license, places a licensee on probation or
imposes a monetary penalty, he or she shall enter an order to that
effect and cause a copy of the order to be served in person or by
certified mail, return receipt requested, on the licensee or
applicant.
(d) AnyAn applicant or licensee, as the case may be,
adversely affected by the order has a right to a hearing before the
commissioner if a written demand for hearing is served upon the
commissioner within ten days following the receipt of the
commissioner's order by the applicant or licensee. Timely service
of a demand for a hearing upon the commissioner operates to suspend the execution of the order with respect to which a hearing has been
demanded, except an order suspending a license under the provisions
of subsection (b) of this section. The person demanding a hearing
shall give security for the cost of the hearing in a form and
amount as the commissioner may reasonably require. If the person
demanding the hearing does not substantially prevail in suchthe
hearing or upon judicial review thereof as provided in subsections
(g) and (h) of this section, then the costs of the hearing shall be
assessed against him or her by the commissioner and may be
collected by an action at law or other proper remedy.
(e) Upon receipt of a timely served written demand for a
hearing, the commissioner shall immediately set a date for the
hearing and notify the person demanding the hearing of the date,
time and place of the hearing, which shall be held within thirty
days after receipt of the demand. At the hearing the commissioner
shall hear evidence and thereafter enter an order supporting by
findings of facts, affirming, modifying or vacating the order. Any
such order is final unless vacated or modified upon judicial review
thereof.
(f) The hearing and the administrative procedure prior to,
during and following the hearing shall be governed by and in
accordance with the provisions of article five, chapter twenty-
nine-a of this code.
(g) AnyNotwithstanding the provisions of subsection (b),
section four, article five, chapter twenty-nine-a of this code, an
applicant or licensee adversely affected by ana final order entered following a hearing has the right of judicial review of the
order in accordance with the provisions of section four, article
five, chapter twenty-nine-a of this code in the circuit court of
Kanawha County West Virginiaor the circuit court in the county
where the proposed or licensed premises is located and will or does
conduct sales: Provided, That in all other respects, such review
shall be conducted in the manner provided in chapter twenty-nine-a
of this code. The petition for the review must be filed with the
circuit court within thirty days following entry of the final order
issued by the commissioner. An applicant or licensee obtaining
judicial review is required to pay the costs and fees incident to
transcribing, certifying and transmitting the records pertaining to
the matter to circuit court.
(h) The judgment of the Kanawha County circuit court reviewing
the order of the commissioner is final unless reversed, vacated or
modified on appeal to the Supreme Court of Appeals in accordance
with the provisions of section one, article six, chapter twenty-
nine-a of this code.
(i) Legal counsel and services for the commissioner in all
proceedings in any circuit court and the Supreme Court of Appeals
shall be provided by the Attorney General or his or her assistants
and in any proceedings in any circuit court by the prosecuting
attorney of that county as well, all without additional
compensation.;
And,
By striking out the title and substituting therefor a new title, to read as follows:Eng. Com. Sub. for Com. Sub. for Senate Bill No. 498--A Bill
to amend and reenact §11-16-24 of the Code of West Virginia, 1931,
as amended; to amend and reenact §60-3A-28 of said code; to amend
and reenact §60-7-13a of said code; and to amend and reenact §60-8-
18 of said code, all relating to hearing and appeal procedures for
certain licenses issued by the Alcohol Beverage Control
Administration; requiring that appeals from commissioner's decision
to refuse to issue or renew certain licenses be brought in the
circuit court of Kanawha Country or the circuit court in the county
where the licensed premises is proposed to be located or conduct
sales; requiring that appeals from the commissioner's decision
regarding disciplinary action against a licensee are to be brought
in the circuit court of Kanawha County or the circuit court in the
county where the proposed or licensed premises is located or does
conduct sales; and providing that the licensee appealing the
commissioner's decision is required to pay the costs and fees
incident to transcribing, certifying and transmitting records
pertaining to the appeal.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 498, as amended by the House of Delegates, was then
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 498) passed with its House of
Delegates amended title.
Senator Unger moved that the bill take effect July 1, 2013.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 498) takes effect July 1,
2013.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage
as amended, of Eng. Com. Sub. for House Bill No. 2046, Requiring wireless
telecommunications companies to release location information of a
missing person's cell phone in a timely manner; the "Kelsey Smith
Act".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 2399, Protecting livestock
in dire or extreme condition.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of Eng. Com. Sub. for House Bill No. 2490, Providing for the
appointment of veterans advocates at state institutions of higher
education.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 2491, Establishing a uniform
course completion policy for veteran students called up for active
duty.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of Eng. Com. Sub. for House Bill No. 2512, Reforming the state
Medicaid subrogation statute.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 2514, Lowering the total
amount of tax credits available under the Film Industry Investment
Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
from passage, of Eng. Com. Sub. for House Bill No. 2571, Relating to who may
serve as members of the environmental quality board.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
July 1, 2013, of Eng. Com. Sub. for House Bill No. 2577, Relating to the
practice of pharmacist care.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 2579, Revising state water
quality standard for Selenium.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 2590, Creating a public
nonprofit corporation and governmental instrumentality to
collectively address several environmental and economic development
programs.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of Eng. Com. Sub. for House Bill No. 2608, Requiring appraisal
management companies to be registered.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, to take effect from passage, of Eng. Com. Sub. for House Bill No. 2626, Authorizing the
Department of Military Affairs and Public Safety to promulgate
Legislative Rules.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 2762, Creating an exemption
from licensure as an adjuster for certain individuals who conduct
data entry into an automated claims adjudication system.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. House Bill No. 2780, Relating generally to
multidisciplinary team meetings for juveniles committed to the
custody of the West Virginia Division of Juvenile Services.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, ofEng. Com. Sub. for House Bill No. 2806, Relating to
administrative remedies for prisoners generally.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of Eng. Com. Sub. for House Bill No. 2825, Relating to certain
appointive state officers salaries.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 3135, Relating generally to
voting system certification and procedures at the central counting
center.
At the request of Senator Plymale, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the sixth order of business.
At the request of Senator Kirkendoll, unanimous consent being
granted, Senators Kirkendoll, Kessler (Mr. President), Barnes,
Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Laird, McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams and Yost
offered the following resolution from the floor:Senate Resolution No. 69--Recognizing July 16 as "Atomic
Veterans Day of Remembrance" in West Virginia.
Whereas, On July 16, 1945, the world's first atomic bomb,
code-named "Trinity", was detonated in Alamogordo, New Mexico, and
from that date until June 12, 1963, there were 1,054 nuclear
devices detonated in tests considered vital to our national
security, and approximately 750,000 U. S. military and civilian
personnel participated in these experimental endeavors; and
Whereas, Many of the nation's veterans, including residents of
West Virginia, were subjected to varying amounts of radiation
because of this testing of atomic weapons; and
Whereas, The potential harm to these veterans was unknown at
the time of the testing, resulting in the exposure of many veterans
to harmful doses of radiation and causing them to suffer
debilitating, degenerative diseases that affect the veterans and
their descendants; and
Whereas, Veterans who were early test subjects were required
to sign an oath of secrecy regarding their involvement in the
atomic testing, preventing these veterans from informing the
Veterans Health Administration of their medical problems that
resulted from radiation until 1996, when these veterans were
released from their oaths of secrecy; and
Whereas, In 1979, the National Association of Atomic Veterans
was created to locate these veterans, to honor the sacrifices they
made and to help these veterans and their families in obtaining
medical treatment and assistance; and
Whereas, By engaging in a national research and education
effort for atomic war veterans, the National Association of Atomic
Veterans is promoting early detection of medical problems and
research and documentation of the connection between radiation
exposure and resultant cancer and other debilitating, degenerative
diseases and genetic mutations; and
Whereas, In the time since these detonations, roughly fifty
percent of the men and women who participated in the testing have
experienced the harmful effects of exposure to ionizing radiation,
yet these veterans who were injured in the line of duty received no
medals because they were not in combat; and
Whereas, The number of members in this group is rapidly
decreasing because of the age of these veterans, and thus it is
important to recognize these individuals who sacrificed so much in
serving our country and who are deserving of our immense gratitude;
therefore, be itResolved by the Senate:That the Senate hereby recognizes July 16 as "Atomic Veterans
Day of Remembrance" in West Virginia; and, be itFurther Resolved, That the Senate encourages the Governor, the
Department of Veterans' Assistance and all West Virginians to take
part in this significant observance; and, be itFurther Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Haskell Watts, Jr., West Virginia
State Commander of the National Association of Atomic Veterans, the
Secretary of the West Virginia Department of Veterans' Assistance
and the Governor of West Virginia.
At the request of Senator Kirkendoll, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Unger, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Cann, Barnes, Facemire, Green, D. Hall, Kirkendoll,
McCabe, Tucker, Walters, Wells, Yost and Williams offered the
following resolution:Senate Concurrent Resolution No. 76--Urging Congress to update
the Renewable Fuel Standard to allow a broader range of domestic
fuel sources, such as natural gas and coal, to be used to make
liquid ethanol.
Whereas, The United States needs a balanced and sensible
domestic energy policy; and
Whereas, Reducing dependence on foreign oil is not only a
matter of national security, but a significant opportunity to
enhance economic prosperity and job growth in West Virginia; and
Whereas, Today there are multiple routes to ethanol, including
traditional fossil fuels such as natural gas and coal, which are plentiful in West Virginia and several other states in the country;
and
Whereas, West Virginia is committed to being a leader in
development of a sustainable national energy policy; therefore, be
it Resolved by the Legislature of West Virginia:
That the Legislature hereby Urges Congress to update the
Renewable Fuel Standard to allow a broader range of domestic fuel
sources, such as natural gas and coal, to be used to make liquid
ethanol; and, be itFurther Resolved, That the Legislature of West Virginia urges
Congress to pass legislation that promotes growth of domestic
alternative fuel sources and reduces dependence on foreign oil;
and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to members of the
United States Senate representing West Virginia; to members of the
West Virginia Congressional delegation; to the President of the
United States Senate; and to the Speaker of the United States House
of Representatives.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senators Unger and Williams offered the following resolution:Senate Concurrent Resolution No. 77--Requesting the Joint
Committee on Government and Finance authorize a study of
alternative and renewable energy sources, incentives and
opportunities including those expressed in the Governor's five-year
energy plan published in 2013.
Whereas, The Legislature has expressed support of the solar
industry over the past five years, including Senate Bill 465 that
provided an alternative infrastructure and vehicle tax credit in
2011 including electricity from solar; and
Whereas, Alternative and renewable energy portfolio standards
need to be improved to include language which establishes a solar
renewable energy credit system; and
Whereas, The soft costs associated with solar energy represent
an impediment to certain growth of the industry and evaluating
appropriate incentives, tax credits and economic stimulus funding
sources will promote job growth and energy independence in this
state; and
Whereas, Once alternative and renewable energy options are
fully investigated and identified the solar industry will be able
to thrive and grow in the future and provide for a more diverse
energy sector; and
Whereas, A study on how the solar industry can benefit the
state including appropriate programs that promote the solar energy
sector, providing appropriate incentives in order to encourage a manufacturer to locate a domestic solar facility in this state and
providing incentives for institutions of higher education to
conduct research and development to help establish West Virginia as
a leader in the United States for solar energy projects; therefore,
be it Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to authorize a study of alternative and renewable energy
sources, incentives and opportunities including those expressed in
the Governor's five-year energy plan published in 2013; and, be it Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2014, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and referred to the Committee on Rules.
Senators Snyder and Williams offered the following resolution:Senate Concurrent Resolution No. 78--Requesting the Joint
Committee on Government and Finance study the merits of authorizing
the Public Service Commission to oversee Internet service providers as public utilities; to establish, prescribe and enforce rates and
fees for providers of high-speed Internet services; and to regulate
the quality, reliability and availability of Internet services
throughout the state.
Whereas, Innovation and rapidly developing technologies are
leading to increasing use of interactive content and audio and
video streaming that require higher network bandwidth than is
available through the telephone dial-up Internet access method; and
Whereas, The availability of affordable, reliable, high-
quality Internet network access is an important factor in the
development of a competitive workforce, a dynamic business
environment, educational achievement and the economic health of
residential communities; and
Whereas, The use of Internet services has expanded rapidly in
the past twenty years and is highly likely to continue to expand to
such extent as to make a commodity of access to Internet services;
and
Whereas, In many areas of this state there is very little
effective competition to encourage and stimulate price competition
among Internet service providers; and
Whereas, Rates for Internet service providers vary widely from
state to state and consumers in adjoining states have been able to
pay lower rates for similar services than consumers in West
Virginia in comparable geographic circumstances; and
Whereas, There is currently no state regulation or oversight
of Internet service providers in this state; and
Whereas, It is in the public interest to provide a forum for
customers of Internet service providers to comment on rate
structures and rate proposals, and to submit grievances regarding
the provision of Internet network services and dealings with
service providers; therefore, be itResolved by the Legislature of West Virginia: That the Joint Committee on Government and Finance is hereby
requested to study the merits of authorizing the Public Service
Commission to oversee Internet service providers as public
utilities; to establish, prescribe and enforce rates and fees for
providers of high-speed Internet services; and to regulate the
quality, reliability and availability of Internet services
throughout the state; and, be itFurther Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2014, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration
and referred to the Committee on Rules.

Petitions

Senator Jenkins presented a petition from Jennifer Butler and
numerous Kenova residents, requesting a new Kenova Elementary
School building.
Referred to the Committee on Education.
Senator Jenkins presented a petition from Linda West and one
hundred fifty Ebenezer Medical Outreach patients, opposing state
budget cuts to Health Right Free Clinics.
Referred to the Committee on Health and Human Resources.
On motion of Senator Unger, the Senate recessed until 7:30
p.m. tonight.

Night Session

Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Unger, unanimous consent being granted,
returned to the second order of business and the introduction of
guests.
The Senate again proceeded to the fifth order of business.

Filed Conference Committee Reports

The Clerk announced the following conference committee report
had been filed at 7:51 p.m. tonight:Eng. Com. Sub. for Senate Bill No. 265, Authorizing DHHR
promulgate legislative rules.
The Clerk announced the following conference committee report
had been filed at 7:52 p.m. tonight:Eng. Com. Sub. for Senate Bill No. 435, Continuing Municipal
Home Rule Pilot Program.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Com. Sub. for Senate Bill No. 172, Relating to
nonintoxicating beer distributor licensees.
On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:ARTICLE 16. NONINTOXICATING BEER.
§11-16-3. Definitions.
For the purpose of this article, except where the context
clearly requires differently:
(1) "Brewer" or "manufacturer" means any person, firm,
association, partnership or corporation manufacturing, brewing,
mixing, concocting, blending, bottling or otherwise producing or
importing or transshipping from a foreign country nonintoxicating
beer or nonintoxicating craft beer for sale at wholesale to any
licensed distributor.
(2) "Brewpub" means a place of manufacture of nonintoxicating
beer owned by a resident brewer, subject to federal and state
regulations and guidelines, a portion of which premises are designated for retail sales of nonintoxicating beer or
nonintoxicating craft beer by the resident brewer owning the
brewpub.
(3) "Class A retail license" means a retail license permitting
the retail sale of liquor at a freestanding liquor retail outlet
licensed pursuant to chapter sixty of this code.
(4) "Commissioner" means the West Virginia Alcohol Beverage
Control Commissioner.
(5) "Distributor" means and includes any person jobbing or
distributing nonintoxicating beer or nonintoxicating craft beer to
retailers at wholesale and whose warehouse and chief place of
business shall be within this state. For purposes of a distributor
only, the term "person" means and includes an individual, firm,
trust, partnership, limited partnership, limited liability company,
association or corporation. Any trust licensed as a distributor or
any trust that is an owner of a distributor licensee, and the
trustee or other persons in active control of the activities of the
trust relating to the distributor license, is liable for acts of
the trust or its beneficiaries relating to the distributor license
that are unlawful acts or violations of article eleven of this
chapter notwithstanding the liability of trustees in article ten,
chapter forty-four-d of this code.
(6) "Freestanding liquor retail outlet" means a retail outlet
that sells only liquor, beer, nonintoxicating beer and other
alcohol-related products, as defined pursuant to section four,
article three-a, chapter sixty of this code.(7) "Growler" means a glass ceramic or metal container or jug,
capable of being securely sealed, utilized by a brewpub for
purposes of off-premise sales of nonintoxicating beer or
nonintoxicating craft beer for personal consumption not on a
licensed premise and not for resale.
__________(7)(8) "Nonintoxicating beer" means all natural cereal malt
beverages or products of the brewing industry commonly referred to
as beer, lager beer, ale and all other mixtures and preparations
produced by the brewing industry, including malt coolers and
nonintoxicating craft beers with no caffeine infusion or any
additives masking or altering the alcohol effect containing at
least one half of one percent alcohol by volume, but not more than
nine and six-tenths of alcohol by weight, or twelve percent by
volume, whichever is greater. all of which are hereby declared to
be nonintoxicating and The word "liquor" as used in chapter sixty
of this code shall not be construed todoes not include or embrace
nonintoxicating beer nor any of the beverages, products, mixtures
or preparations included within this definition.(8)(9) "Nonintoxicating beer sampling event" means an event
approved by the commissioner for a Class A retail licensee to hold
a nonintoxicating beer sampling authorized pursuant to section
eleven-a of this article.(9)(10) "Nonintoxicating beer sampling day" means any days
and hours of the week where Class A retail licensees may sell
nonintoxicating beer pursuant to subdivision (1), subsection (a),
section eighteen of this article, and is approved, in writing, by the commissioner to conduct a nonintoxicating beer sampling event.(10)(11) "Nonintoxicating craft beer" means any beverage
obtained by the natural fermentation of barley, malt, hops or any
other similar product or substitute and containing not less than
one half of one percent by volume and not more than twelve percent
alcohol by volume or nine and six-tenths percent alcohol by weight
with no caffeine infusion or any additives masking or altering the
alcohol effect.(11)(12) "Original container" means the container used by the
brewer at the place of manufacturing, bottling or otherwise
producing nonintoxicating beer for sale at wholesale.(12)(13) "Person" means and includes an individual, firm,
partnership, limited partnership, limited liability company,
association or corporation.(13)(14) "Resident brewer" means any person, firm,
partnership, limited partnership, association or corporation whose
principal place of business is in this statebrewer or manufacturer
of nonintoxicating beer or nonintoxicating craft beer whose
principal place of business and manufacture is located in the State
of West Virginia and which does not brew or manufacture more than
twenty-five thousand barrels of nonintoxicating beer or
nonintoxicating craft beer annually, and does not self-distribute
more than ten thousand barrels thereof in the State of West
Virginia annually.
__________(14)(15) "Retailer" means any person selling, serving or
otherwise dispensing nonintoxicating beer and all products regulated by this article, including, but not limited to, any malt
cooler,malt coolers at his or her established and licensed place
of business.(15)(16) "Tax Commissioner" means the Tax Commissioner of the
State of West Virginia or the commissioner's designee.§11-16-8. Form of application for license; fee and bond; refusal
of license. (a) A license may be issued by the commissioner to any person who
submits an application, therefore, accompanied by a license fee
and, where required, a bond, statingand states under oath:
(1) The name and residence of the applicant, the duration of such
residency, that the applicant has been a resident of the state for
a period of two years next preceding the date of the application
and that the applicant is twenty-one years of age. If the
applicant is a firm, association, partnership, limited partnership,
limited liability company or corporation, the application shall
include the residence of the members or officers for a period of
two years next preceding the date of such application. Provided,
That if anyIf a person, firm, partnership, limited partnership,
association or corporationlimited liability company, association,
corporation or trust applies for a license as a distributor, such
person, or in the case of a firm, partnership, limited partnership,
or association, the members or officers thereoflimited liability
company, association or trust, the members, officers, trustees or
other persons in active control of the activities of the limited
liability company, association or trust relating to the license, shall state under oath that each has been a bona fide resident of
the state for four years preceding the date of such application. If
the applicant is a trust or has a trust as an owner, the trustees
or other persons in active control of the activities of the trust
relating to the license shall provide a certification of trust as
described in section one-thousand-thirteen, article ten, chapter
forty-four-d of this code. This certification of trust shall
include the excerpts described in subsection (e), section one
thousand thirteen, article ten, chapter forty-four-d of this code
and shall further state, under oath, the names, addresses, Social
Security numbers and birth dates of the beneficiaries of the trust
and certify that the trustee and beneficiaries are twenty-one years
of age or older. If a beneficiary is not twenty-one years of age,
the certification of trust must state that such beneficiary's
interest in the trust is represented by a trustee, parent or legal
guardian who is twenty-one years of age and who will direct all
actions on behalf of such beneficiary related to the trust with
respect to the distributor until the beneficiary is twenty-one
years of age. Any beneficiary who is not twenty-one years of age
or older shall have his or her trustee, parent or legal guardian
include in the certification of trust and state under oath his or
her name, address, Social Security number and birth date. (2) The place of birth of applicant, that he or she is a citizen
of the United States and of good moral character and, if a
naturalized citizen, when and where naturalized. and, ifIf the
applicant is a corporation organized or authorized to do business under the laws of the state, the application must state when and
where incorporated, with the name and address of each officer and
that each officer is a citizen of the United States and a person of
good moral character. and if a firm, association, partnership or
limited partnership,If the applicant is a firm, association,
limited liability company, partnership, limited partnership, trust
or has a trust as an owner, the application shall provide the place
of birth of each member of the firm, association, partnership or
limited partnership and that each memberlimited liability company,
partnership or limited partnership and of the trustees,
beneficiaries or other persons in active control of the activities
of the trust relating to the license and that each member or
trustee, beneficiary or other persons in active control of the
activities of the trust relating to the license is a citizen of the
United States and if a naturalized citizen, when and where
naturalized, each of whom must qualify and sign the application.
Provided, That theThe requirements as to residence shalldo not
apply to the officers of a corporation which shall applyapplying
for a retailer's license but the officers, agent or employee who
shall manage and be in chargemanages and is in charge of the
licensed premises shall possess all of the qualifications required
of an individual applicant for a retailer's license including the
requirement as to residence;
(3) The particular place for which the license is desired and a
detailed description thereof;
(4) The name of the owner of the building and, if the owner is not the applicant, that suchthe applicant is the actual and bona fide
lessee of the premises;
(5) That the place or building in which is proposed to do business
conforms to all applicable laws of health, fire and zoning
regulations applicable thereto, and is a safe and proper place or
building and is not within three hundred feet of anya school or
church measured from front door to front door, along the street or
streets. Provided, That thisThis requirement shalldoes not apply
to a Class B license or to anya place now occupied by a beer
licensee so long as it is continuously so occupied. Provided,
however, That theThe prohibition against locating any sucha
proposed business in a place or building within three hundred feet
of anya school shalldoes not apply to anya college or university
that has notified the commissioner, in writing, that it has no
objection to the location of any sucha proposed business in a
place or building within three hundred feet of suchthe college or
university;
(6) That the applicant is not incarcerated and has not during the
five years immediately preceding the date of said application been
convicted of a felony;
(7) That the applicant is the only person in any manner pecuniarily
interested in the business so asked to be licensed and that no
other person shall beis in any manner pecuniarily interested
therein during the continuance of the license; and
(8) That the applicant has not during five years next immediately
preceding the date of saidthe application had a nonintoxicating beer license revoked.
(b) In the case of an applicant that is trust or has a trust as an
owner, a distributor license may be issued only upon submission by
the trustees or other persons in active control of the activities
of the trust relating to the distributor license of a true and
correct copy of the written trust instrument to the commissioner
for his or her review. Notwithstanding any provision of law to the
contrary, the copy of the written trust instrument submitted to the
commissioner pursuant to this section is confidential and is not a
public record and is not available for release pursuant to the West
Virginia Freedom of Information Act codified in article one,
chapter twenty-nine-b of this code.
_______________(c) The provisions and requirements of subsection (a) of this
section are mandatory prerequisites for the issuance, and in the
eventif any applicant fails to qualify under the same, the license
shall be refused. In addition to the information furnished in any
application, the commissioner may make such additional and
independent investigation of each applicant and of the place to be
occupied as deemed necessary or advisable and, for this reason,
each and all applications, with license fee and bond, must be filed
thirty days prior to the beginning of any fiscal year. and ifIf
the application is for an unexpired portion of anya fiscal year,
the issuance of license may be withheld for such reasonable time as
necessary for investigation.(c)(d) The commissioner may refuse a license to any applicant
under the provisions of this article if the commissioner shall beis of the opinion:
(1) That the applicant is not a suitable person to be licensed;
(2) That the place to be occupied by the applicant is not a
suitable place or is within three hundred feet of any school or
church measured from front door to front door along the street or
streets. Provided, That thisThis requirement shalldoes not apply
to a Class B licensee or to anya place now occupied by a beer
licensee so long as it is continuously so occupied. Provided,
however, That theThe prohibition against locating any such place
to be occupied by an applicant within three hundred feet of anya
school shalldoes not apply to anya college or university that has
notified the commissioner, in writing, that it has no objection to
the location of any such place within three hundred feet; of such
college or university; or
(3) That the license should not be issued for reason of conduct
declared to be unlawful by this article.;
And,
By striking out the title and substituting therefor a new title,
to read as follows:Eng. Com. Sub. for Senate Bill No. 172--A Bill to amend and reenact
§11-16-3 and §11-16-8 of the Code of West Virginia, 1931, as
amended, all relating to the Nonintoxicating Beer Act generally;
defining terms; expanding the definition of "person" for purposes
of holding a nonintoxicating beer distributorship; allowing trusts,
limited liability companies and associations to hold a
distributor's license; and requiring certain disclosures by applicants that are trusts, limited liability companies or
associations.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 172, as amended
by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 172) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as toEng. Com. Sub. for Senate Bill No. 270, Authorizing Department of
Revenue promulgate legislative rules.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendment to the bill was reported
by the Clerk:
By striking out everything after the enacting section and inserting
in lieu thereof the following:ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF REVENUE TO PROMULGATE
LEGISLATIVE RULES.§64-7-1. Insurance Commissioner.
The legislative rule filed in the State Register on August 31,
2012, authorized under the authority of section five, article
twenty-five-g, chapter thirty-three of this code, modified by the
Insurance Commissioner to meet the objections of the Legislative
Rule-Making Review Committee and refiled in the State Register on
October 18, 2012, relating to the Insurance Commissioner (provider
sponsored networks, 114 CSR 43A), is authorized with the following
amendments:
On page one, subsection 2.1., by striking out "ths" and inserting
in lieu thereof the word "this";
And,
On page two, paragraph 4.3.b.1., after the words "financial
statements" by adding the words "that reflect positive net worth".§64-7-2. Athletic Commission.
The legislative rule filed in the State Register on August 27,
2012, authorized under the authority of section three-a, article
five-a, chapter twenty-nine of this code, modified by the Athletic Commission to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on October 18,
2012, relating to the Athletic Commission (mixed martial arts, 177
CSR 2), is authorized with the following amendments:
On page four, section five, line one, after the number 2500, by
inserting a period and striking out the remainder of the sentence;
On page four, section six, line four, by striking out the dollar
amount $35,000 and inserting in lieu thereof, the dollar amount
$10,000;
On page six, section eight, subsection 8.1, line five, by striking
out the dollar amount $30,000 and inserting in lieu thereof, the
dollar amount $20,000;
And,
On page six, section eight, subsection 8.2, line two, by striking
out the dollar amount $30,000 and inserting in lieu thereof, the
dollar amount $20,000.§64-7-3. Racing Commission. (a) The legislative rule filed in the State Register on August 27,
2012, authorized under the authority of section six, article
twenty-three, chapter nineteen of this code, modified by the Racing
Commission to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on December 4,
2012, relating to the Racing Commission (thoroughbred racing, 178
CSR 1), is authorized with the following amendments:
On page thirty-seven, subdivision 24.1.i, by striking out the word
"sixteen (16)" and inserting in lieu thereof the word "eighteen (18)";
And,
On page thirty-seven, subdivision 24.l.1, following the word "age"
by inserting the following language: ": Provided, except that an
occupational permit may be granted at sixteen (16) years of age for
the children or grandchildren of licensed permit holders; licensed
permit holders being defined for the purposes of this subdivision
as owners, breeders, trainers and veterinarians".
(b) The legislative rule filed in the State Register on August 27,
2012, authorized under the authority of section six, article
twenty-three, chapter nineteen of this code, relating to the Racing
Commission (greyhound racing, 178 CSR 2), is authorized.
(c) The legislative rule filed in the State Register on August 27,
2012, authorized under the authority of section six, article
twenty-three, chapter nineteen of this code, relating to the Racing
Commission (pari-mutuel wagering, 178 CSR 5), is authorized.§64-7-4. Lottery Commission. The legislative rule filed in the State Register on August 10,
2012, authorized under the authority of section five, article
twenty-two, chapter twenty-nine of this code, modified by the
Lottery Commission to meet the objections of the Legislative Rule-
Making Review Committee and refiled in the State Register on
December 20, 2012, relating to the Lottery Commission (state
lottery rules, 179 CSR 1), is authorized.
§64-7-5. State Tax Department.
The legislative rule filed in the State Register on August 30, 2012, authorized under the authority of section five, article one-
c, chapter eleven of this code, modified by the State Tax
Department to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on December 6,
2012, relating to the State Tax Department (valuation of commercial
and industrial real and personal property for ad valorem property
tax purposes, 110 CSR 1P), is authorized, with the following
amendments:
On page one, subsection 1.1, beginning on line ten, by striking out
subsection 1.1 in its entirety and inserting in lieu thereof the
following:
1.1 Scope. - These regulations clarify and implement State law as
it relates to the appraisal at market value of commercial and
industrial real and personal property under W. Va. Code §11-10C-10.
Because these regulations provide context modifications of relevant
parts of 110 C.S.R. 1 and such regulations with context
modifications were adopted by the Tax Commissioner through
inclusion in the valuation plan required by W. Va. Code
§11-1C-10(e), W. Va. Code §11-1C-5(b) eliminated the requirement
that this filing be subject to the proceeding requirements of W.
Va. Code §29A-3-1 et seq.;
And,
On page two, subsection 2.14, line twenty-four, following the words
"remaining in", by striking out the words "the landlord" and
inserting in lieu thereof the word "one".
On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 270, as amended
by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt,
Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--33.
The nays were: Prezioso--1.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 270) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Snyder, Stollings, Sypolt,
Tucker, Unger, Walters, Wells, Williams, Yost and Kessler (Mr.
President)--33.
The nays were: Prezioso--1.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 270) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendments by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
toEng. Com. Sub. for Senate Bill No. 564, Increasing minimum
construction cost of municipal public works project before
competitive bidding is required.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, section five, line twenty-five, by striking out the
words "purchase of materials,";
And,
On page three, section five, lines thirty-one through thirty-four,
by striking out the following: For the purpose of this section, a
"purchase of materials" means any single or annual purchase of
goods, and a "contract or agreement" means a single project or
purpose, including the integral and component parts of that
project.
On motion of Senator Unger, the Senate concurred in the House of
Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 564, as amended
by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach, Blair,
Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 564) passed with its title.Ordered, That The Clerk communicate to the House of Delegates the
action of the Senate.
A message from The Clerk of the House of Delegates announced the
amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as toEng. Senate Bill No. 601, Removing requirement certain juvenile
proceedings be sealed.
On motion of Senator Unger, the message on the bill was taken up
for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and inserting
in lieu thereof the following:
That §49-5-2 and §49-5-18 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:ARTICLE 5. JUVENILE PROCEEDINGS.§49-5-2. Juvenile jurisdiction of circuit courts, magistrate
courts and municipal courts; constitutional guarantees; hearings;
evidence and transcripts.
(a) The circuit court has original jurisdiction of proceedings
brought under this article.
(b) If during a criminal proceeding in any court it is
ascertained or appears that the defendant is under the age of
nineteen years and was under the age of eighteen years at the time
of the alleged offense, the matter shall be immediately certified
to the juvenile jurisdiction of the circuit court. The circuit
court shall assume jurisdiction of the case in the same manner as
cases which are originally instituted in the circuit court by
petition.
(c) Notwithstanding any other provision of this article,
magistrate courts have concurrent juvenile jurisdiction with the
circuit court for a violation of a traffic law of West Virginia,
for a violation of section nine, article six, chapter sixty,
section three or section four, article nine-a, chapter sixteen, or
section nineteen, article sixteen, chapter eleven of this code, or
for any violation of chapter twenty of this code. Juveniles are
liable for punishment for violations of these laws in the same
manner as adults except that magistrate courts have no jurisdiction
to impose a sentence of incarceration for the violation of these
laws.
(d) Notwithstanding any other provision of this article,
municipal courts have concurrent juvenile jurisdiction with the
circuit court for a violation of any municipal ordinance regulating
traffic, for any municipal curfew ordinance which is enforceable or
for any municipal ordinance regulating or prohibiting public
intoxication, drinking or possessing alcoholic liquor or
nonintoxicating beer in public places, any other act prohibited by
section nine, article six, chapter sixty or section nineteen,
article sixteen, chapter eleven of this code or underage possession
or use of tobacco or tobacco products, as provided in article
nine-a, chapter sixteen of this code. Municipal courts may impose
the same punishment for these violations as a circuit court
exercising its juvenile jurisdiction could properly impose, except
that municipal courts have no jurisdiction to impose a sentence of
incarceration for the violation of these laws.
(e) A juvenile may be brought before the circuit court for
proceedings under this article only by the following means:
(1) By a juvenile petition requesting that the juvenile be
adjudicated as a status offender or a juvenile delinquent; or
(2) By certification or transfer to the juvenile jurisdiction
of the circuit court from the criminal jurisdiction of the circuit
court, from any foreign court, or from any magistrate court or
municipal court in West Virginia.
(f) (1) If a juvenile commits an act which would be a crime if
committed by an adult, and the juvenile is adjudicated delinquent
for that act, the jurisdiction of the court which adjudged the juvenile delinquent continues until the juvenile becomes twenty-one
years of age. The court has the same power over that person that
it had before he or she became an adult, and has the further power
to sentence that person to a term of incarceration: Provided, That
any such term of incarceration may not exceed six months. This
authority does not preclude the court from exercising criminal
jurisdiction over that person if he or she violates the law after
becoming an adult or if the proceedings have been transferred to
the court's criminal jurisdiction pursuant to section ten of this
article.(2) If a juvenile is adjudicated as a status offender because
he or she is habitually absent from school without good cause, the
jurisdiction of the court which adjudged the juvenile a status
offender continues until either the juvenile becomes twenty-one
years of age, completes high school, completes a high school
equivalent or other education plan approved by the court or the
court otherwise voluntarily relinquishes jurisdiction, whichever
occurs first. If the jurisdiction of the court is extended
pursuant to this subdivision, the court has the same power over
that person that it had before he or she became an adult: Provided,
That no person so adjudicated who has attained the age of nineteen
may be ordered to attend school in a regular, nonalternative
setting.
(g) A juvenile is entitled to be admitted to bail or
recognizance in the same manner as an adult and shall be afforded
the protection guaranteed by Article III of the West Virginia Constitution.
(h) A juvenile has the right to be effectively represented by
counsel at all stages of proceedings under the provisions of this
article. If the juvenile or the juvenile's parent or custodian
executes an affidavit showing that the juvenile cannot afford an
attorney, the court shall appoint an attorney, who shall be paid in
accordance with article twenty-one, chapter twenty-nine of this
code.
(i) In all proceedings under this article, the juvenile shall
be afforded a meaningful opportunity to be heard. This includes
the opportunity to testify and to present and cross-examine
witnesses. The general public shall be excluded from all
proceedings under this article except that persons whose presence
is requested by the parties and other persons whom the circuit
court determines have a legitimate interest in the proceedings may
attend: Provided, That in cases in which a juvenile is accused of
committing what would be a felony if the juvenile were an adult, an
alleged victim or his or her representative may attend any related
juvenile proceedings, at the discretion of the presiding judicial
officer: Provided, however, That in any case in which the alleged
victim is a juvenile, he or she may be accompanied by his or her
parents or representative, at the discretion of the presiding
judicial officer.
(j) At all adjudicatory hearings held under this article, all
procedural rights afforded to adults in criminal proceedings shall
be afforded the juvenile unless specifically provided otherwise in this chapter.
(k) At all adjudicatory hearings held under this article, the
rules of evidence applicable in criminal cases apply, including the
rule against written reports based upon hearsay.
(l) Except for res gestae, extrajudicial statements made by a
juvenile who has not attained fourteen years of age to
law-enforcement officials or while in custody are not admissible
unless those statements were made in the presence of the juvenile's
counsel. Except for res gestae, extrajudicial statements made by
a juvenile who has not attained sixteen years of age but who is at
least fourteen years of age to law-enforcement officers or while in
custody, are not admissible unless made in the presence of the
juvenile's counsel or made in the presence of, and with the consent
of, the juvenile's parent or custodian, and the parent or custodian
has been fully informed regarding the juvenile's right to a prompt
detention hearing, the juvenile's right to counsel, including
appointed counsel if the juvenile cannot afford counsel, and the
juvenile's privilege against self-incrimination.
(m) A transcript or recording shall be made of all transfer,
adjudicatory and dispositional hearings held in circuit court. At
the conclusion of each of these hearings, the circuit court shall
make findings of fact and conclusions of law, both of which shall
appear on the record. The court reporter shall furnish a
transcript of the proceedings at no charge to any indigent juvenile
who seeks review of any proceeding under this article if an
affidavit is filed stating that neither the juvenile nor the juvenile's parents or custodian have the ability to pay for the
transcript.§49-5-18. Confidentiality of juvenile records.
(a) One year after the juvenile's eighteenth birthday, or one
year after personal or juvenile jurisdiction has terminated,
whichever is later, the records of a juvenile proceeding conducted
under this chapter, including, but not limited to, law-enforcement
files and records, shall be sealed by operation of lawmay be kept
in a separate secure confidential place and the records may not be
inspected except by order of the circuit court.
(b) The records of a juvenile proceeding in which a juvenile
was transferred to criminal jurisdiction pursuant to the provisions
of section ten of this article shall be sealed by operation of law
kept in a separate secure confidential place and the records may
not be inspected except by order of the circuit court if the
juvenile is subsequently acquitted or found guilty only of an
offense other than an offense upon which the waiver or order of
transfer was based, or if the offense upon which the waiver or
order of transfer was based is subsequently dismissed.
(c) To sealkeep the confidentiality of juvenile records, they
shall be returned to the circuit court in which the case was
pending and be kept in a separate confidential file. The records
shall be physically marked to show that they have been sealedare
to remain confidential and shall be securely sealedkept and filed
in such a manner so that no one can have access to determine the
identity of the juvenile, except upon order of the circuit court.
_____(d) Sealed records may not be opened except upon order of the
circuit court.(e) Sealing of juvenile records
_____(d) Marking the juvenile records to show they are to remain
confidential has the legal effect of extinguishing the offense as
if it never occurred.(f)(e) The records of a juvenile convicted under the criminal
jurisdiction of the circuit court pursuant to subdivision (1),
subsection (d), section ten of this article may not be sealed
marked and kept as confidential.
_____(g)(f) Any person who willfully violates this section shall
beis guilty of a misdemeanor and, upon conviction thereof, shall
be fined not more than $1,000, or confined in the county or
regional jail for not more than six months, or both so fined and
confined, and shall beis liable for damages in the amount of $300
or actual damages, whichever is greater.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:Eng. Senate Bill No. 601--A Bill to amend and reenact §49-5-2
and §49-5-18 of the Code of West Virginia, 1931, as amended, all
relating to juvenile offenders; extending circuit court
jurisdiction over juvenile status offenders adjudicated delinquent
for habitual truancy until the juvenile reaches twenty-one years of
age or completes a court-ordered education plan; establishing an
age limit on adjudicated juveniles attending regular, non-alternative classes; keeping the records of a juvenile proceeding
confidential; and removing the requirement of sealing the records.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 601, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 601) passed with its House of Delegates amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House
of Delegates amendment, as toEng. Senate Bill No. 652, Requiring criminal background checks
for home inspector applicants.
On motion of Senator Unger, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page four, section five-b, line forty-two, by striking out
the word "may" and inserting in lieu thereof the word "shall";
And,
On page four, section five-b, line forty-six, after the word
"section." by inserting the following: and may deny licensing,
registration or certification based upon the results of the
criminal history record check.
On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 652, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Beach,
Blair, Boley, Cann, Carmichael, Chafin, Cole, Cookman, Edgell,
Facemire, Fitzsimmons, Green, D. Hall, M. Hall, Jenkins,
Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 652) passed with its title.
Senator Unger moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Beach, Blair, Boley,
Cann, Carmichael, Chafin, Cole, Cookman, Edgell, Facemire,
Fitzsimmons, Green, D. Hall, M. Hall, Jenkins, Kirkendoll, Laird,
McCabe, Miller, Nohe, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Tucker, Unger, Walters, Wells, Williams, Yost
and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 652) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 2352, Clarifying that the
West Virginia Department of Environmental Protection does not
assume a mine operator's obligations or liabilities under the Water
Pollution Control Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of Eng. House Bill No. 2469, Increasing the cap on earnings
during temporary reemployment after retirement.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
from passage, of Eng. Com. Sub. for House Bill No. 2538, Expiring,
supplementing, amending, increasing, and adding items of
appropriation in various accounts.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, to take effect July 1, 2013, of Eng. Com. Sub. for House Bill No. 2717, Requiring that deputy
sheriffs be issued ballistic vests upon law-enforcement
certification.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
July 1, 2013, of Eng. Com. Sub. for House Bill No. 2727, Relating to the school
aid formula.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, to take effect from passage, of Eng. Com. Sub. for House Bill No. 2731, Regulating the
performance of health maintenance tasks by unlicensed personnel.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended, of Eng. Com. Sub. for House Bill No. 2733, Relating to hearings
before the Office of Administrative Hearings.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 2738, Relating to the Center
for Nursing.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of Eng. Com. Sub. for House Bill No. 2747, Relating to Open
Governmental Proceedings.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of Eng. House Bill No. 2847, Relating to the collection of
delinquent real property and personal property taxes.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, of Eng. Com. Sub. for House Bill No. 2848, Providing the process
for requesting a refund after forfeiture of rights to a tax deed.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
July 1, 2013, of Eng. House Bill No. 2861, Relating to continued enrollment of
at-risk student in public school.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. House Bill No. 2933, Providing notification to a
prosecuting attorney of an offender's parole hearing and release.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, of Eng. Com. Sub. for House Bill No. 3020, Improving boat dock
and marina safety.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
passage as amended with its Senate amended title, to take effect
July 1, 2013, of Eng. Com. Sub. for House Bill No. 3157, Restoring the
authority, flexibility, and capacity of schools and school systems
to improve student learning.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of Eng. House Bill No. 3160, Providing for a pilot initiative on
governance of schools jointly established by adjoining counties.
The Senate again proceeded to the sixth order of business,
which agenda includes the making of main motions.
On motion of Senator Unger, the Senate requested the return
from the House of Delegates of Eng. Com. Sub. for House Bill No. 2848, Providing the process
for requesting a refund after forfeiture of rights to a tax deed.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Unger, the Senate reconsidered its action
by which in earlier proceedings today it adopted the Judiciary
committee amendment to the title of the bill (shown in the Senate
Journal of today, pages 104 and 105).
The vote thereon having been reconsidered,
The question again being on the adoption of the Judiciary
committee amendment to the title of the bill.
Thereafter, at the request of Senator Palumbo, as chair of the
Committee on the Judiciary, and by unanimous consent, the Judiciary
committee amendment to the title of the bill was withdrawn.
On motion of Senator Palumbo, the following amendment to the
title of the bill was reported by the Clerk and adopted:Eng. Com. Sub. for House Bill No. 2848--A Bill to amend and
reenact §11A-3-18, §11A-3-22, §11A-3-27 and §11A-3-28 of the Code
of the West Virginia, 1931, as amended, all relating generally to
the sale of tax liens and nonentered, escheated and waste and
unappropriated lands; providing the process for requesting a refund
after forfeiture of rights to a tax deed; clarifying deadlines for
receipt of tax deeds and refunds related to failure to meet
deadlines; modifying the requirements for petitioning to compel execution of a deed by the State Auditor; removing the provisions
allowing judgment against the State Auditor for costs in the case
of failure or refusal to execute a deed without reasonable cause;
and providing for service of notice when mail is not deliverable to
an address at the physical location of the property.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Unger, and by unanimous consent, the
Senate returned to the fifth order of business.
Senator Miller, from the committee of conference on matters of
disagreement between the two houses, as toEng. Com. Sub. for Senate Bill No. 386, Relating to personal
safety orders.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments of the House to Engrossed Committee
Substitute for Senate Bill No. 386 having met, after full and free
conference, have agreed to recommend and do recommend to their
respective houses, as follows:
That both houses recede from their respective positions as to
the amendment of the House of Delegates, striking out everything
after the enacting section, and agree to the same as follows:ARTICLE 8. PERSONAL SAFETY ORDERS.§53-8-4. Petition seeking relief.
(a) Underlying acts. -- A petitioner may seek relief under
this article by filing with a magistrate court a petition that alleges the commission of any of the following acts against the
petitioner by the respondent:
(1) A sexual offense or attempted sexual offense as defined in
section one of this article; or
(2) A violation of subsection (a), section nine-a, article
two, chapter sixty-one of this code; or
_____(3) Repeated credible threats of bodily injury when the person
making the threats knows or has reason to know that the threats
cause another person to reasonably fear for his or her safety. (b) Contents. --
The petition shall:
(1) Be verified and provide notice to the petitioner that an
individual who knowingly provides false information in the petition
is guilty of a misdemeanor and, on conviction, is subject to the
penalties specified in subsection (d) of this section;
(2) Subject to the provisions of subsection (c) of this
section, contain the address of the petitioner; and
(3) Include all information known to the petitioner of:
(A) The nature and extent of the act specified in subsection
(a) of this section for which the relief is being sought, including
information known to the petitioner concerning previous harm or
injury resulting from an act specified in subsection (a) of this
section by the respondent;
(B) Each previous and pending action between the parties in
any court; and
(C) The whereabouts of the respondent.
(c) Address may be stricken. -- If, in a proceeding under this
article, a petitioner alleges, and the court finds, that the
disclosure of the address of the petitioner would risk further harm
to the petitioner or a member of the petitioner's household, that
address may be stricken from the petition and omitted from all
other documents filed with, or transferred to, a court.
(d) Providing false information. -- An individual who
knowingly provides false information in a petition filed under this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not less than $50 nor more than $1,000 or confined
in jail not more than ninety days, or both.
(e) Withdrawal or dismissal of a petition prior to
adjudication operates as a dismissal without prejudice. -- No
action for a personal safety order may be dismissed because the
respondent is being prosecuted for a crime against the petitioner.
For any action commenced under this article, dismissal of a case or
a finding of not guilty, does not require dismissal of the action
for a civil protection order.(f) Venue. -- The action may be heard in the county in which
any underlying act occurred for which relief is sought in the
petition, in the county in which the respondent is living, or in
the county in which the petitioner is living, either temporarily or
permanently.;
And,
That the Senate agree to the House amended title.
Respectfully submitted,
Ronald F. Miller, Chair, Donald H. Cookman, David C. Nohe,
Conferees on the part of the Senate.
Barbara Evans Fleischauer, Chair, Tim Manchin, John H. Shott,
Conferees on the part of the House of Delegates.
On motions of Senator Miller, severally made, the report of
the committee of conference was taken up for immediate
consideration and adopted.
Engrossed Committee Substitute for Senate Bill No. 386, as
amended by the conference report, was then put upon its passage.
On the passage of the bill, as amended, the yeas were:
Barnes, Beach, Blair, Boley, Cann, Carmichael, Chafin, Cole,
Cookman, Edgell, Facemire, Fitzsimmons, Green, D. Hall, M. Hall,
Jenkins, Kirkendoll, Laird, McCabe, Miller, Nohe, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Walters, Wells,
Williams, Yost and Kessler (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 386) passed with its House of Delegates
amended title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senator Williams, from the committee of conference on matters
of disagreement between the two houses, as toEng. Com. Sub. for Senate Bill No. 580, Updating requirements for dental intern, resident and teaching permits.
Submitted the following report, which was received:
Your committee of conference on the disagreeing votes of the
two houses as to the amendments of the House to Engrossed Committee
Substitute for Senate Bill No. 580 having met, after full and free
conference, have agreed to recommend and do recommend to their
respective houses, as follows:
That both recede from their respective positions as to the
amendment of the House, striking out everything after the enacting
clause, and agree to the same as follows:
That §30-4-8a, §30-4-10a, §30-4-25, §30-4-26, §30-4-27,
§30-4-28 and §30-4-29 of the Code of West Virginia, 1931, as
amended, be repealed; that §30-4A-6a, §30-4A-6b, §30-4A-6c,
§30-4A-6d and §30-4A-18 of said code be repealed; that §30-4B-5,
§30-4B-6, §30-4B-7 and §30-4B-8 of said code be repealed; that
§30-4-1, §30-4-2, §30-4-3, §30-4-4, §30-4-5, §30-4-6, §30-4-7,
§30-4-8, §30-4-9, §30-4-10, §30-4-11, §30-4-12, §30-4-13, §30-4-14,
§30-4-15, §30-4-16, §30-4-17, §30-4-18, §30-4-19, §30-4-20,
§30-4-21, §30-4-22, §30-4-23 and §30-4-24 of said code be amended
and reenacted; that §30-4A-1, §30-4A-2, §30-4A-3, §30-4A-4,
§30-4A-5, §30-4A-6, §30-4A-7, §30-4A-8, §30-4A-9, §30-4A-10,
§30-4A-11, §30-4A-12, §30-4A-13, §30-4A-14, §30-4A-15, §30-4A-16
and §30-4A-17 of said code be amended and reenacted; and that
§30-4B-1, §30-4B-2, §30-4B-3 and §30-4B-4 of said code be amended
and reenacted, all to read as follows:ARTICLE 4. WEST VIRGINIA DENTAL PRACTICE ACT.§30-4-1. Unlawful acts. (a) It is unlawful for any person to practice or offer to
practice dentistry or dental hygiene in this state without a
license, issued under the provisions of this article, or advertise
or use any title or description tending to convey or give the
impression that they are a dentist or dental hygienist, unless the
person is licensed under the provisions of this article.
(b) A business entity may not render any service or engage in
any activity which, if rendered or engaged in by an individual,
would constitute the practice of dentistry, except through a
licensee.§30-4-2. Applicable law.
The practices authorized under the provisions of this article
and the Board of Dentistry are subject to article one of this
chapter, the provisions of this article, and any rules promulgated
hereunder.
§30-4-3. Definitions.
As used in article four, four-a and four-b, the following
words and terms have the following meanings:
(1) "AAOMS" means the American Association of Oral and
Maxillofacial Surgeons;
(2) "AAPD" means the American Academy of Pediatric Dentistry;
(3) "ACLS" means Advanced Cardiac Life Support;
(4) "ADA" means the American Dental Association;
(5) "AMA" means the American Medical Association;
(6) "ASA" means American Society of Anesthesiologists;
(7) "Anxiolysis/minimal sedation" means removing, eliminating
or decreasing anxiety by the use of a single anxiety or analgesia
medication that is administered in an amount consistent with the
manufacturer's current recommended dosage for the unsupervised
treatment of anxiety, insomnia or pain, in conjunction with nitrous
oxide and oxygen. This does not include multiple dosing or
exceeding current normal dosage limits set by the manufacturer for
unsupervised use by the patient at home, for the treatment of
anxiety;
(8) "Approved dental hygiene program" means a program that is
approved by the board and is accredited or its educational
standards are deemed by the board to be substantially equivalent to
those required by the Commission on Dental Accreditation of the
American Dental Association;
(9) "Approved dental school, college or dental department of
a university" means a dental school, college or dental department
of a university that is approved by the board and is accredited or
its educational standards are deemed by the board to be
substantially equivalent to those required by the Commission on
Dental Accreditation of the American Dental Association;
(10) "Authorize" means that the dentist is giving permission
or approval to dental auxiliary personnel to perform delegated
procedures in accordance with the dentist's diagnosis and treatment
plan;
(11) "BLS" means basic life support;
(12) "Board" means the West Virginia Board of Dentistry;
(13) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity;
(14) "Central nervous system anesthesia" means an induced,
controlled state of unconsciousness or depressed consciousness
produced by a pharmacologic method;
(15) "Certificate of qualification" means a certificate
authorizing a dentist to practice a specialty;
(16) "CPR" means cardiopulmonary resuscitation;
(17) "Conscious sedation/moderate sedation" means an induced,
controlled state of depressed consciousness, produced through the
administration of nitrous oxide and oxygen and/or the
administration of other agents whether enteral or parenteral, in
which the patient retains the ability to independently and
continuously maintain an airway and to respond purposefully to
physical stimulation and to verbal command;
(18) "CRNA" means certified registered nurse anesthetist;
(19) "Defibrillator" means a device used to sustain asthmetic
heart beat in an emergency and includes an automatic electronic
defibrillator (AED)
(20) "Delegated procedures" means those procedures specified
by law or by rule of the board and performed by dental auxiliary
personnel under the supervision of a licensed dentist;
(21) "Dentist anesthesiologist" means a dentist who is trained
in the practice of anesthesiology and has completed an additional
approved anesthesia education course;
(22) "Dental assistant" means a person qualified by education,
training or experience who aids or assists a dentist in the
delivery of patient care in accordance with delegated procedures as
specified by the board by rule or who may perform nonclinical
duties in the dental office;
(23) "Dental auxiliary personnel" or "auxiliary" means dental
hygienists and dental assistants who assist the dentist in the
practice of dentistry;
(24) "Dental hygiene" means the performance of educational,
preventive or therapeutic dental services and as further provided
in section eleven and legislative rule;
(25) "Dental hygienist" means a person licensed by the board
to practice and who provides dental hygiene and other services as
specified by the board by rule to patients in the dental office and
in a public health setting;
(26) "Dental laboratory" means a business performing dental
laboratory services;
(27) "Dental laboratory services" means the fabricating,
repairing or altering of a dental prosthesis;
(28) "Dental laboratory technician" means a person qualified
by education, training or experience who has completed a dental
laboratory technology education program and who fabricates, repairs
or alters a dental prosthesis in accordance with a dentist's work
authorization;
(29) "Dental office" means the place where the licensed
dentist and dental auxiliary personnel are practicing dentistry;
(30) "Dental prosthesis" means an artificial appliance
fabricated to replace one or more teeth or other oral or peri-oral
structure in order to restore or alter function or aesthetics;
(31) "Dentist" means an individual licensed by the board to
practice dentistry;
(32) "Dentistry" means the evaluation, diagnosis, prevention
and treatment of diseases, disorders and conditions of the oral
cavity, maxillofacial area and the adjacent and associated
structures provided by a dentist;
(33) "Direct supervision" means supervision of dental
auxiliary personnel provided by a licensed dentist who is
physically present in the dental office or treatment facility when
procedures are being performed;
(34) "Facility permit" means a permit for a facility where
sedation procedures are used that correspond with the level of
anesthesia provided;
(35) "General anesthesia" means an induced, controlled state
of unconsciousness in which the patient experiences complete loss
of protective reflexes, as evidenced by the inability to
independently maintain an airway, the inability to respond
purposefully to physical stimulation or the inability to respond
purposefully to verbal command;
(36) "Deep conscious sedation/general anesthesia" includes
partial loss of protective reflexes and the patient retains the
ability to independently and continuously maintain an airway;
(37) "General supervision" means a dentist is not required to be in the office or treatment facility when procedures are being
performed by the auxiliary dental personnel, but has personally
diagnosed the condition to be treated, has personally authorized
the procedures and will evaluate the treatment provided by the
dental auxiliary personnel;
(38) "Good moral character" means a lack of history of
dishonesty;
(39) "Health Care Provider BLS/CPR" means health care provider
basic life support/cardiopulmonary resuscitation;
(40) "License" means a license to practice dentistry or dental
hygiene;
(41) "Licensee" means a person holding a license;
(42) "Mobile dental facility" any self-contained facility in
which dentistry or dental hygiene will be practiced which may be
moved, towed or transported from one location to another;
(43) "Portable dental unit" means any nonfacility in which
dental equipment, utilized in the practice of dentistry, is
transported to and utilized on a temporary basis an out of office
location, including, but not limited to, patient's homes, schools,
nursing homes or other institutions;
(44) "Other dental practitioner" means those persons excluded
from the definition of the practice of dentistry under the
provisions of subdivisions (3), (4) and (5), section twenty-four,
article four of this chapter and also those persons who hold
teaching permits which have been issued to them under the
provisions of section fourteen, article four of this chapter;
(45) "PALS" means pediatric advanced life support;
(46) "Pediatric patient" means infants and children;
(47) "Physician anesthesiologist" means a physician, MD or DO,
who is specialized in the practice of anesthesiology;
(48) "Public health practice" means treatment or procedures in
a public health setting which shall be designated by a rule
promulgated by the board to require direct, general or no
supervision of a dental hygienist by a dentist;
(49) "Public health setting" means hospitals, schools,
correctional facilities, jails, community clinics, long-term care
facilities, nursing homes, home health agencies, group homes, state
institutions under the West Virginia Department of Health and Human
Resources, public health facilities, homebound settings, accredited
dental hygiene education programs and any other place designated by
the board by rule;
(50) "Qualified monitor" means an individual who by virtue of
credentialing and/or training is qualified to check closely and
document the status of a patient undergoing anesthesia and observe
utilized equipment;
(51) "Relative analgesia /minimal sedation" means an induced,
controlled state of minimally depressed consciousness, produced
solely by the inhalation of a combination of nitrous oxide and
oxygen, or single oral premedication without the addition of
nitrous oxide and oxygen in which the patient retains the ability
to independently and continuously maintain an airway and to respond
purposefully to physical stimulation and to verbal command;
(52) "Specialty" means the practice of a certain branch of
dentistry;
(53) "Subcommittee" means West Virginia Board of Dentistry
Subcommittee on Anesthesia; and
(54) "Work authorization" means a written order for dental
laboratory services which has been issued by a licensed dentist or
other dental practitioner.§30-4-4. Board of dental examiners.
(a) The West Virginia Board of Dental Examiners is continued
and on July 1, 2013, the board shall be renamed the West Virginia
Board of Dentistry. The members of the board in office on the date
this section takes effect shall, unless sooner removed, continue to
serve until their respective terms expire and until their
successors have been appointed and qualified.
(b) The Governor, by and with the advice and consent of the
Senate, shall appoint:
(1) Six licensed dentists;
(2) One licensed dental hygienist;
(3) One nationally certified dental assistant or currently
practicing dental assistant with a minimum of ten years' experience
and;
(4) One citizen member who is not licensed under the
provisions of this article and does not perform any services
related to the practice of dentistry.
(c) The West Virginia Dental Association may submit
recommendations to the Governor for the appointment of the licensed dentists board members, the West Virginia Association of Dental
Hygienists may submit recommendations to the Governor for the
appointment of a dental hygienist board member and the West
Virginia Dental Assistant Association may submit recommendations to
the Governor for the appointment of a dental assistant board
member.
(d) A person connected with a commercial entity that may
derive financial gain from the profession of dentistry and a person
employed as full-time faculty with a dental college, school or
dental department of a university are not eligible for appointment
to the board.
(e) After the initial appointment term, the appointment term
is five years. A member may not serve more than two consecutive
terms. A member who has served two consecutive full terms may not
be reappointed for at least one year after completion of his or her
second full term. A member may continue to serve until his or her
successor has been appointed and qualified.
(f) Each licensed member of the board, at the time of his or
her appointment, shall have held a license in this state for a
period of not less than five years immediately preceding the
appointment.
(g) Each member of the board shall be a resident of this state
during the appointment term.
(h) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant.
(i) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
(j) A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice is suspended or revoked in any jurisdiction.
(k) A member of the board immediately and automatically
forfeits membership to the board if he or she is convicted of a
felony under the laws of any jurisdiction or becomes a nonresident
of this state.
(l) The board shall elect annually one of its members as
president and one member as secretary who shall serve at the will
and pleasure of the board.
(m) Each member of the board is entitled to receive
compensation and expense reimbursement in accordance with article
one of this chapter.
(n) A simple majority of the membership serving on the board
at a given time is a quorum for the transaction of business.
(o) The board shall hold at least two meetings annually.
Other meetings shall be held at the call of the president or upon
the written request of four members, at the time and place as
designated in the call or request.
(p) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the constitution of this state.
(q) The members of the board, when acting in good faith and
without malice, shall enjoy immunity from individual civil liability while acting within the scope of their duties as board
members.§30-4-5. Powers of the board.
The board has all the powers and duties set forth in this
article, by rule, in article one of this chapter and elsewhere in
law, including:
(1) Hold meetings;
(2) Establish procedures for submitting, approving and
rejecting applications for a license, certificate and permit;
(3) Determine the qualifications of any applicant for a
license, certificate and permit;
(4) Establish the fees charged under the provisions of this
article;
(5) Issue, renew, deny, suspend, revoke or reinstate a
license, certificate and permit;
(6) Prepare, conduct, administer and grade written, oral or
written and oral examinations for a license;
(7) Contract with third parties to administer the examinations
required under the provisions of this article;
(8) Maintain records of the examinations the board or a third
party administers, including the number of persons taking the
examination and the pass and fail rate;
(9) Maintain an office, and hire, discharge, establish the job
requirements and fix the compensation of employees and contract
with persons necessary to enforce the provisions of this article;
(10) Employ investigators, attorneys, hearing examiners, consultants and other employees as may be necessary, who are exempt
from the classified service and who serve at the will and pleasure
of the board;
(11) Investigate alleged violations of the provisions of this
article, article four-a and article four-b of this chapter, and
legislative rules, orders and final decisions of the board;
(12) Conduct disciplinary hearings of persons regulated by the
board;
(13) Determine disciplinary action and issue orders;
(14) Institute appropriate legal action for the enforcement of
the provisions of this article;
(15) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
(16) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
(17) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article;
(18) Sue and be sued in its official name as an agency of this
state; and
(19) Confer with the Attorney General or his or her assistant
in connection with legal matters and questions.§30-4-6. Rule-making authority.
(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to implement the provisions of this article, and articles four-a and four-b of this chapter including:
(1) Standards and requirements for licenses, certifications
and permits;
(2) Requirements for third parties to prepare and/or
administer examinations and reexaminations;
(3) Educational and experience requirements;
(4) Continuing education requirements and approval of
continuing education courses;
(5) Procedures for the issuance and renewal of licenses,
certifications and permits;
(6) Establish a fee schedule;
(7) Regulate dental specialities;
(8) Delegate procedures to be performed by a dental hygienist;
(9) Delegate procedures to be performed by a dental assistant;
(10) Designate the services and procedures performed under
direct supervision, general supervision in public health practice;
(11) Designate additional public health settings;
(12) Regulate the use of firm or trade names;
(13) Regulate dental corporations;
(14) Regulate mobile dental facilities;
(15) Regulate portable dental units;
(16) Regulate professional limited liability companies;
(17) Establish professional conduct requirements;
(18) Establish the procedures for denying, suspending,
revoking, reinstating or limiting the practice of licensees,
certifications and permittees;
(19) Establish requirements for inactive or revoked licenses,
certifications and permits;
(20) Regulate dental anesthesia, including:
(A) Fees;
(B) Evaluations;
(C) Equipment;
(D) Emergency drugs;
(E) Definitions;
(F) Qualified monitor requirements; and
(G) Education;
(21) Any other rules necessary to implement this article.
(b) All of the board's rules in effect and not in conflict
with these provisions, shall remain in effect until they are
amended or rescinded.§30-4-7. Fees; special revenue account; administrative fines.
(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated the Board of Dentists
and Dental Hygienist Special Fund, which is continued and shall be
known as the Board of Dentistry Special Fund. The fund is used by
the board for the administration of this article. Except as may be
provided in article one of this chapter, the board retains the
amount in the special revenue account from year to year. No
compensation or expense incurred under this article is a charge
against the General Revenue Fund.
(b) Any amounts received as administrative fines imposed pursuant to this article shall be deposited into the General
Revenue Fund of the State Treasury.§30-4-8. License to practice dentistry.
(a) The board shall issue a license to practice dentistry to
an applicant who meets the following requirements:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Is a graduate of and has a diploma from a school
accredited by the Commission on Dental Accreditation or
equivalently approved dental college, school or dental department
of a university as determined by the board;
(4) Has passed the national board examination as given by the
Joint Commission on National Dental Examinations and a clinical
examination as specified by the board by rule;
(5) Has not been found guilty of cheating, deception or fraud
in the examination or any part of the application;
(6) Has paid the application fee specified by rule; and
(7) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in a twelve-step program or other similar group or
process, may be considered.
(b) A dentist may not represent to the public that he or she
is a specialist in any branch of dentistry or limit his or her
practice to any branch of dentistry unless first issued a certificate of qualification in that branch of dentistry by the
board.
(c) A license to practice dentistry issued by the board shall
for all purposes be considered a license issued under this section:
Provided, That a person holding a license shall renew the license.§30-4-9. Scope of practice of a dentist.
The practice of dentistry includes the following:
(1) Coordinate dental services to meet the oral health needs
of the patient;
(2) Examine, evaluate and diagnose diseases, disorders and
conditions of the oral cavity, maxillofacial area and adjacent and
associated structures;
(3) Treat diseases, disorders and conditions of the oral
cavity, maxillofacial area and the adjacent and associated
structures;
(4) Provide services to prevent diseases, disorders and
conditions of the oral cavity, maxillofacial area and the adjacent
and associated structures;
(5) Fabricate, repair or alter a dental prosthesis;
(6) Administer anesthesia in accordance with the provisions of
article four-a of this chapter;
(7) Prescribe drugs necessary for the practice of dentistry;
(8) Execute and sign a death certificate when it is required
in the practice of dentistry;
(9) Employ and supervise dental auxiliary personnel;
(10) Authorize delegated procedures to be performed by dental auxiliary personnel; and
(11) Perform any other work included in the curriculum of an
approved dental school, college or dental department of a
university.§30-4-10. License to practice dental hygiene.
(a) The board shall issue a dental hygienist license to an
applicant who meets the following requirements:
(1) Is at least eighteen years of age;
(2) Is of good moral character;
(3) Is a graduate with a degree in dental hygiene from an
approved dental hygiene program of a college, school or dental
department of a university;
(4) Has passed the national board dental hygiene examination,
a regional or state clinical examination and a state law
examination that tests the applicant's knowledge of subjects
specified by the board by rule;
(5) Has not been found guilty of cheating, deception or fraud
in the examination or any part of the application;
(6) Has paid the application fee specified by rule; and
(7) Not be an alcohol or drug abuser, as these terms are
defined in section eleven, article one-a, chapter twenty-seven of
this code: Provided, That an applicant in an active recovery
process, which may, in the discretion of the board, be evidenced by
participation in a twelve-step program or other similar group or
process, may be considered.
(b) A dental hygienist license issued by the board and in good standing on the effective date of the amendments to this section
shall for all purposes be considered a dental hygienist license
issued under this section: Provided, That a person holding a dental
hygienist license shall renew the license.§30-4-11. Scope of practice for a dental hygienist.
The practice of dental hygiene includes the following:
(1) Perform a complete prophylaxis, including the removal of
any deposit, accretion or stain from supra and subgingival, the
surface of a tooth or a restoration;
(2) Apply a medicinal agent to a tooth for a prophylactic
purpose;
(3) Take a radiograph for interpretation by a dentist;
(4) Instruct a patient on proper oral hygiene practice;
(5) Place sealants on a patient's teeth without a prior
examination by a licensed dentist: Provided, That for this
subdivision, the dental hygienist has a public health practice
permit issued by the board, and subject to a collaborative
agreement with a supervising dentist and the patient is referred
for a dental examination within six months of sealant application;
(6) Perform all delegated procedures of a dental hygienist
specified by rule by the board; and
(7) Performing all delegated procedures of a dental assistant
specified by rule by the board.§30-4-12. License renewal.
(a) All persons regulated by this article shall annually or
biannually, renew his or her board authorization by completing a form prescribed by the board and submitting any other information
required by the board.
(b) The board shall charge a fee for each renewal of a board
authorization and shall charge a late fee for any renewal not paid
by the due date.
(c) The board shall require as a condition of renewal that
each licensee, certificate holder or permittee complete continuing
education.
(d) The board may deny an application for renewal for any
reason which would justify the denial of an original application.§30-4-13. Board authorizations shall be displayed. (a) The board shall prescribe the form for a board
authorization and may issue a duplicate upon payment of a fee.
(b) Any person regulated by the article shall conspicuously
display his or her board authorization at his or her principal
business location.§30-4-14. Dental intern, resident or teaching permit.
(a) The board may issue a dental intern or dental resident
permit to an applicant who has been accepted as a dental intern or
dental resident by a licensed hospital or dental school in this
state which maintains an established dental department under the
supervision of a licensed dentist and meets the following
qualifications:
(1) Has graduated from a Commission on Dental Accreditation or
equivalent approved dental college, school or dental department of
a university with a degree in dentistry;
(2) Has paid the application fee specified by rule; and
(3) Meets the other qualifications specified by rule.
(b) The dental intern or dental resident permit may be renewed
and expires on the earlier of:
(1) The date the permit holder ceases to be a dental intern or
dental resident; or
(2) One year after the date of issue.
(c) The board may issue a teaching permit to an applicant who
is not otherwise licensed to practice dentistry in this state and
who meets the following conditions:
(1) Is authorized or is eligible, as determined by the board,
for a authorization to practice dentistry in another jurisdiction;
(2) Has met or been approved under the credentialing standards
of a dental school or an academic medical center with which the
person is to be affiliated: Provided, That the dental school or
academic medical center is accredited by the Commission on Dental
Accreditation or Joint Commission on Accreditation of Health Care
Organizations;
(3) The permittee may teach and practice dentistry in or on
behalf of a dental school or college offering a doctoral degree in
dentistry operated and conducted in this state, in connection with
an academic medical center or at any teaching hospital adjacent to
a dental school or an academic medical center;
(4) Shall successfully complete the West Virginia Dental Law
Examination;
(5) Shall pay annual renewal fees to the board;
(6) Shall comply with continuing education requirements; and
(7) Has had no disciplinary actions taken or pending against
him or her by any other jurisdiction.
(d) A teaching permit may be renewed annually with a written
recommendation from the dental school dean.
(e) While in effect, a permittee is subject to the
restrictions and requirements imposed by this article to the same
extent as a licensee. In addition, a permittee may not receive any
fee for service other than a salary paid by the hospital or dental
school§30-4-15. Special volunteer dentist or dental hygienist license;
civil immunity for voluntary services rendered to indigents. (a) There is continued a special volunteer dentist and dental
hygienist license for dentist and dental hygienists retired or
retiring from the active practice of dentistry and dental hygiene
who wish to donate their expertise for the care and treatment of
indigent and needy patients in the clinic setting of clinics
organized, in whole or in part, for the delivery of health care
services without charge. The special volunteer dentist or dental
hygienist license shall be issued by the board to dentist or dental
hygienists licensed or otherwise eligible for licensure under this
article and the legislative rules promulgated hereunder without the
payment of an application fee, license fee or renewal fee, shall be
issued for the remainder of the licensing period, and renewed
consistent with the boards other licensing requirements. The board
shall develop application forms for the special license provided in this subsection which shall contain the dental hygienist's
acknowledgment that:
(1) The dentist or dental hygienist's practice under the
special volunteer dentist or dental hygienist license will be
exclusively devoted to providing dentistry or dental hygiene care
to needy and indigent persons in West Virginia;
(2) The dentist or dental hygienist will not receive any
payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation, for any dentistry or
dental hygiene services rendered under the special volunteer
dentist or dental hygienist license;
(3) The dentist or dental hygienist will supply any supporting
documentation that the board may reasonably require; and
(4) The dentist or dental hygienist agrees to continue to
participate in continuing professional education as required by the
board for the special volunteer dentist or dental hygienist.
(b) Any dentist or dental hygienist who renders any dentistry
or dental hygiene service to indigent and needy patients of a
clinic organized, in whole or in part, for the delivery of health
care services without charge under a special volunteer dentist or
dental hygienist license authorized under subsection (a) of this
section without payment or compensation or the expectation or
promise of payment or compensation is immune from liability for any
civil action arising out of any act or omission resulting from the
rendering of the dental hygiene service at the clinic unless the
act or omission was the result of the dentist's or dental hygienist's gross negligence or willful misconduct. In order for
the immunity under this subsection to apply, there shall be a
written agreement between the dentist or dental hygienist and the
clinic pursuant to which the dentist or dental hygienist will
provide voluntary uncompensated dental hygiene services under the
control of the clinic to patients of the clinic before the
rendering of any services by the dentist or dental hygienist at the
clinic: Provided, That any clinic entering into such written
agreement is required to maintain liability coverage of not less
than one million dollars per occurrence.
(c) Notwithstanding the provisions of subsection (b) of this
section, a clinic organized, in whole or in part, for the delivery
of health care services without charge is not relieved from imputed
liability for the negligent acts of a dentist or dental hygienist
rendering voluntary dental hygiene services at or for the clinic
under a special volunteer dentist or dental hygienist license
authorized under subsection (a) of this section.
(d) For purposes of this section, "otherwise eligible for
licensure" means the satisfaction of all the requirements for
licensure as listed in section eight of this article and in the
legislative rules promulgated thereunder, except the fee
requirements of subdivision (6) of that section and of the
legislative rules promulgated by the board relating to fees.
(e) Nothing in this section may be construed as requiring the
board to issue a special volunteer dentist or dental hygienist
license to any dental hygienist whose license is or has been subject to any disciplinary action or to any dentist or dental
hygienist who has surrendered a license or caused such license to
lapse, expire and become invalid in lieu of having a complaint
initiated or other action taken against his or her dentist or
dental hygienist license, or who has elected to place a dentist or
dental hygienist license in inactive status in lieu of having a
complaint initiated or other action taken against his or her
license, or who has been denied a dentist or dental hygienist
license.
(f) Any policy or contract of liability insurance providing
coverage for liability sold, issued or delivered in this state to
any dentist or dental hygienist covered under the provisions of
this article shall be read so as to contain a provision or
endorsement whereby the company issuing such policy waives or
agrees not to assert as a defense on behalf of the policyholder or
any beneficiary thereof, to any claim covered by the terms of such
policy within the policy limits, the immunity from liability of the
insured by reason of the care and treatment of needy and indigent
patients by a dentist or dental hygienist who holds a special
volunteer dentist or dental hygienist license.§30-4-16. Dental corporations.
(a) Dental corporations are continued.
(b) One or more dentists may organize and become a shareholder
or shareholders of a dental corporation domiciled within this state
under the terms and conditions and subject to the limitations and
restrictions specified by rule.
(c) No corporation may practice dentistry, or any of its
branches, or hold itself out as being capable of doing so without
a certificate of authorization from the board.
(d) When the Secretary of State receives a certificate of
authorization to act as a dental corporation from the board, he or
she shall attach the authorization to the corporation application
and, upon compliance with the applicable provisions of chapter
thirty-one of this code, the Secretary of State shall issue to the
incorporators a certificate of incorporation for the dental
corporation.
(e) A corporation holding a certificate of authorization shall
renew annually, on or before June 30, on a form prescribed by the
board and pay an annual fee in an amount specified by rule.
(f) A dental corporation may practice dentistry only through
an individual dentist or dentists licensed to practice dentistry in
this state, but the dentist or dentists may be employees rather
than shareholders of the corporation.
(g) A dental corporation holding a certificate of
authorization shall cease to engage in the practice of dentistry
upon being notified by the board that any of its shareholders is no
longer a licensed dentist or when any shares of the corporation
have been sold or disposed of to a person who is not a licensed
dentist: Provided, That the personal representative of a deceased
shareholder has a period, not to exceed twenty-four months from the
date of the shareholder's death, to dispose of the shares; but
nothing contained herein may be construed as affecting the existence of the corporation or its right to continue to operate
for all lawful purposes other than the practice of dentistry.§30-4-17. Reinstatement.
(a) A licensee against whom disciplinary action has been taken
under the provisions of this article shall be afforded an
opportunity to demonstrate the qualifications to resume practice.
The application for reinstatement shall be in writing and subject
to the procedures specified by the board by rule.
(b) A licensee who does not complete annual renewal, as
specified by the board by rule, and whose licensed has lapsed for
one year or longer, shall make application for reinstatement as
specified by the board by rule.
(c) The board, at its discretion and for cause, may require an
applicant for reinstatement to undergo a physical and/or mental
evaluation to determine a licensee is competent to practice or if
the licensee is impaired by drugs or alcohol.§30-4-18. Actions to enjoin violations.
(a) If the board obtains information that any person has
engaged in, is engaging in or is about to engage in any act which
constitutes or will constitute a violation of the provisions of
this article, the rules promulgated pursuant to this article, or a
final order or decision of the board, it may issue a notice to the
person to cease and desist in engaging in the act and/or apply to
the circuit court in the county of the alleged violation for an
order enjoining the act.
(b) The circuit court may issue a temporary injunction pending a decision on the merits, and may issue a permanent injunction
based on its findings in the case.
(c) The judgment of the circuit court on an application
permitted by the provisions of this section is final unless
reversed, vacated or modified on appeal to the West Virginia
Supreme Court of Appeals.§30-4-19. Complaints; investigations; due process procedure;
grounds for disciplinary action.
(a) The board may initiate a complaint upon receipt of
credible information, and shall upon the receipt of a written
complaint of any person, cause an investigation to be made to
determine whether grounds exist for disciplinary action under this
article or the legislative rules promulgated pursuant to this
article.
(b) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee, certificate holder or permittee has violated
subsection (g) of this section or rules promulgated pursuant to
this article.
(c) Upon a finding of probable cause to go forward with a
complaint, the board shall provide a copy of the complaint to the
licensee, certificate holder or permittee.
(d) Upon a finding that probable cause exists that the
licensee, certificate holder or permittee has violated subsection
(g) of this section or rules promulgated pursuant to this article,
the board may enter into a consent decree or hold a hearing for disciplinary action against the licensee, certificate holder or
permittee. Any hearing shall be held in accordance with the
provisions of this article, and shall require a violation to be
proven by a preponderance of the evidence.
(e) A member of the complaint committee or the executive
director of the board may issue subpoenas and subpoenas duces tecum
to obtain testimony and documents to aid in the investigation of
allegations against any person regulated by the article.
(f) Any member of the board or its executive director may sign
a consent decree or other legal document on behalf of the board.
(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend, restrict or revoke the license,
certificate or permit of, or impose probationary conditions upon or
take disciplinary action against, any licensee, certificate holder
or permittee for any of the following reasons:
(1) Obtaining a board authorization by fraud,
misrepresentation or concealment of material facts;
(2) Being convicted of a felony or a misdemeanor crime of
moral turpitude;
(3) Being guilty of unprofessional conduct which placed the
public at risk, as defined by legislative rule of the board;
(4) Intentional violation of a lawful order or legislative
rule of the board;
(5) Having had a board authorization revoked or suspended,
other disciplinary action taken, or an application for a board
authorization denied by the proper authorities of another jurisdiction;
(6) Aiding or abetting unlicensed practice;
(7) Engaging in an act while acting in a professional capacity
which has endangered or is likely to endanger the health, welfare
or safety of the public;
(8) Having an incapacity that prevents a licensee from
engaging in the practice of dentistry or dental hygiene, with
reasonable skill, competence and safety to the public;
(9) Committing fraud in connection with the practice of
dentistry or dental hygiene;
(10) Failing to report to the board one's surrender of a
license or authorization to practice dentistry or dental hygiene in
another jurisdiction while under disciplinary investigation by any
of those authorities or bodies for conduct that would constitute
grounds for action as defined in this section;
(11) Failing to report to the board any adverse judgment,
settlement or award arising from a malpractice claim arising
related to conduct that would constitute grounds for action as
defined in this section;
(12) Being guilty of unprofessional conduct as contained in
the American Dental Association principles of ethics and code of
professional conduct. The following acts are conclusively presumed
to be unprofessional conduct:
(A) Being guilty of any fraud or deception;
(B) Committing a criminal operation or being convicted of a
crime involving moral turpitude;
(C) Abusing alcohol or drugs;
(D) Violating any professional confidence or disclosing any
professional secret;
(E) Being grossly immoral;
(F) Harassing, abusing, intimidating, insulting, degrading or
humiliating a patient physically, verbally or through another form
of communication;
(G) Obtaining any fee by fraud or misrepresentation;
(H) Employing directly or indirectly, or directing or
permitting any suspended or unlicensed person so employed, to
perform operations of any kind or to treat lesions of the human
teeth or jaws or correct malimposed formations thereof;
(I) Practicing, or offering, or undertaking to practice
dentistry under any firm name or trade name not approved by the
board;
(J) Having a professional connection or association with, or
lending his or her name to another, for the illegal practice of
dentistry, or professional connection or association with any
person, firm or corporation holding himself or herself, themselves
or itself out in any manner contrary to this article;
(K) Making use of any advertising relating to the use of any
drug or medicine of unknown formula;
(L) Advertising to practice dentistry or perform any operation
thereunder without causing pain;
(M) Advertising professional superiority or the performance of
professional services in a superior manner;
(N) Advertising to guarantee any dental service;
(O) Advertising in any manner that is false or misleading in
any material respect;
(P) Soliciting subscriptions from individuals within or
without the state for, or advertising or offering to individuals
within or without the state, a course or instruction or course
materials in any phase, part or branch of dentistry or dental
hygiene in any journal, newspaper, magazine or dental publication,
or by means of radio, television or United States mail, or in or by
any other means of contacting individuals: Provided, That the
provisions of this paragraph may not be construed so as to
prohibit:
(i) An individual dentist or dental hygienist from presenting
articles pertaining to procedures or technique to state or national
journals or accepted dental publications; or
(ii) educational institutions approved by the board from
offering courses or instruction or course materials to individual
dentists and dental hygienists from within or without the state; or
(Q) Engaging in any action or conduct which would have
warranted the denial of the license;
(13) Knowing or suspecting that a licensee is incapable of
engaging in the practice of dentistry or dental hygiene, with
reasonable skill, competence and safety to the public, and failing
to report any relevant information to the board;
(14) Using or disclosing protected health information in an
unauthorized or unlawful manner;
(15) Engaging in any conduct that subverts or attempts to
subvert any licensing examination or the administration of any
licensing examination;
(16) Failing to furnish to the board or its representatives
any information legally requested by the board, or failing to
cooperate with or engaging in any conduct which obstructs an
investigation being conducted by the board;
(17) Announcing or otherwise holding himself or herself out to
the public as a specialist or as being specially qualified in any
particular branch of dentistry or as giving special attention to
any branch of dentistry or as limiting his or her practice to any
branch of dentistry without first complying with the requirements
established by the board for the specialty and having been issued
a certificate of qualification in the specialty by the board;
(18) Failing to report to the board within seventy-two hours
of becoming aware thereof any life threatening occurrence, serious
injury or death of a patient resulting from dental treatment or
complications following a dental procedure;
(19) Failing to report to the board any Driving Under the
Influence and/or Driving While Intoxicated offense; or
(20) Violation of any of the terms or conditions of any order
entered in any disciplinary action.
(h) For the purposes of subsection (g) of this section,
effective July 1, 2013, disciplinary action may include:
(1) Reprimand;
(2) Probation;
(3) Restrictions;
(4) Suspension;
(5) Revocation;
(6) Administrative fine, not to exceed $1,000 per day per
violation;
(7) Mandatory attendance at continuing education seminars or
other training;
(8) Practicing under supervision or other restriction; or
(9) Requiring the licensee or permittee to report to the board
for periodic interviews for a specified period of time.
(i) In addition to any other sanction imposed, the board may
require a licensee or permittee to pay the costs of the proceeding.
(j) A person authorized to practice under this article, who
reports or otherwise provides evidence of the negligence,
impairment or incompetence of another member of this profession to
the board or to any peer review organization, is not liable to any
person for making the report if the report is made without actual
malice and in the reasonable belief that the report is warranted by
the facts known to him or her at the time.§30-4-20. Procedures for hearing; right of appeal.
(a) Hearings are governed by the provisions of section eight,
article one of this chapter.
(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law
judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions
of law. The proposed order may contain proposed disciplinary
actions if the board so directs. The board may accept, reject or
modify the decision of the administrative law judge.
(d) Any member or the executive director of the board has the
authority to administer oaths, examine any person under oath.
(e) If, after a hearing, the board determines the licensee or
permittee has violated provisions of this article or the board's
rules, a formal written decision shall be prepared which contains
findings of fact, conclusions of law and a specific description of
the disciplinary actions imposed.§30-4-21. Judicial review.
A person adversely affected by a decision of the board denying
an application or entered after a hearing may obtain judicial
review of the decision in accordance with section four, article
five, chapter twenty-nine-a of this code and may appeal any ruling
resulting from judicial review in accordance with article six,
chapter twenty-nine-a of this code.§30-4-22. Criminal offenses.
(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a person
authorized under this article has committed a criminal offense
under this article, the board may bring its information to the
attention of an appropriate law-enforcement official.
(b) Any person who intentionally practices, or holds himself
or herself out as qualified to practice dentistry or dental hygiene, or uses any title, word or abbreviation to indicate to or
induce others to believe he or she is licensed to practice as a
dentist or dental hygienist without obtaining an active, valid West
Virginia license to practice that profession or with a license that
is:
(1) Expired, suspended or lapsed; or
(2) Inactive, revoked, suspended as a result of disciplinar